Senate Bill sb1526c1
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Florida Senate - 2005 CS for SB 1526
By the Committee on Criminal Justice; and Senator Baker
591-1852-05
1 A bill to be entitled
2 An act relating to homicide of an unborn quick
3 child; amending s. 316.193, F.S.; including the
4 death of an unborn quick child under DUI
5 manslaughter; amending s. 782.09, F.S.;
6 providing that killing an unborn quick child by
7 injury to the mother which would be murder in
8 any degree if it resulted in the death of the
9 mother is murder in the same degree; providing
10 penalties; providing that the unlawful killing
11 of an unborn quick child by injury to the
12 mother which would be manslaughter if it
13 resulted in the death of the mother is
14 manslaughter; providing penalties; providing
15 that the death of the mother does not bar
16 prosecution under specified circumstances;
17 providing that the section does not authorize
18 prosecution of a person in connection with a
19 termination of pregnancy; amending ss. 435.03
20 and 435.04, F.S., to conform provisions to
21 changes made by the amendments to s. 782.09,
22 F.S.; reenacting s. 921.0022(3)(h) and (i),
23 F.S., relating to the Criminal Punishment Code
24 offense severity ranking chart, to incorporate
25 the amendment to s. 316.193, F.S., in
26 references thereto; reenacting s. 316.656(3),
27 F.S., relating to mandatory adjudication, to
28 incorporate the amendment to s. 316.193, F.S.,
29 in a reference thereto; reenacting s.
30 947.146(3)(j), F.S., relating to the Control
31 Release Authority, to incorporate the amendment
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Florida Senate - 2005 CS for SB 1526
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1 to s. 316.193, F.S., in a reference thereto;
2 reenacting s. 960.03(3)(b), F.S., relating to
3 the definition of "crime" under the Florida
4 Crimes Compensation Act, to incorporate the
5 amendment to s. 316.193, F.S., in a reference
6 thereto; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Subsection (3) of section 316.193, Florida
11 Statutes, is amended to read:
12 316.193 Driving under the influence; penalties.--
13 (3) Any person:
14 (a) Who is in violation of subsection (1);
15 (b) Who operates a vehicle; and
16 (c) Who, by reason of such operation, causes or
17 contributes to causing:
18 1. Damage to the property or person of another commits
19 a misdemeanor of the first degree, punishable as provided in
20 s. 775.082 or s. 775.083.
21 2. Serious bodily injury to another, as defined in s.
22 316.1933, commits a felony of the third degree, punishable as
23 provided in s. 775.082, s. 775.083, or s. 775.084.
24 3. The death of any human being or unborn quick child
25 commits DUI manslaughter, and commits:
26 a. A felony of the second degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084.
28 b. A felony of the first degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084, if:
30 (I) At the time of the crash, the person knew, or
31 should have known, that the crash occurred; and
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1 (II) The person failed to give information and render
2 aid as required by s. 316.062.
3 Section 2. Section 782.09, Florida Statutes, is
4 amended to read:
5 782.09 Killing of unborn quick child by injury to
6 mother.--
7 (1) The unlawful willful killing of an unborn quick
8 child, by any injury to the mother of such child which would
9 be murder if it resulted in the death of such mother, shall be
10 deemed murder in the same degree as that which would have been
11 committed against the mother. Any person, other than the
12 mother, who unlawfully kills an unborn quick child by any
13 injury to the mother:
14 (a) Which would be murder in the first degree
15 constituting a capital felony if it resulted in the mother's
16 death commits murder in the first degree constituting a
17 capital felony, punishable as provided in s. 775.082.
18 (b) Which would be murder in the second degree if it
19 resulted in the mother's death commits murder in the second
20 degree, a felony of the first degree, punishable as provided
21 in s. 775.082, s. 775.083, or s. 775.084.
22 (c) Which would be murder in the third degree if it
23 resulted in the mother's death commits murder in the third
24 degree manslaughter, a felony of the second degree, punishable
25 as provided in s. 775.082, s. 775.083, or s. 775.084.
26 (2) The unlawful killing of an unborn quick child by
27 any injury to the mother of such child which would be
28 manslaughter if it resulted in the death of such mother shall
29 be deemed manslaughter. A person who unlawfully kills an
30 unborn quick child by any injury to the mother which would be
31 manslaughter if it resulted in the mother's death commits
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1 manslaughter, a felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084.
3 (3) The death of the mother resulting from the same
4 act or criminal episode that caused the death of the unborn
5 quick child does not bar prosecution under this section.
6 (4) This section does not authorize the prosecution of
7 any person in connection with a termination of pregnancy
8 pursuant to chapter 390.
9 Section 3. Paragraph (g) of subsection (2) of section
10 435.03, Florida Statutes, is amended to read:
11 435.03 Level 1 screening standards.--
12 (2) Any person for whom employment screening is
13 required by statute must not have been found guilty of,
14 regardless of adjudication, or entered a plea of nolo
15 contendere or guilty to, any offense prohibited under any of
16 the following provisions of the Florida Statutes or under any
17 similar statute of another jurisdiction:
18 (g) Section 782.09, relating to killing of an unborn
19 quick child by injury to the mother.
20 Section 4. Paragraph (g) of subsection (2) of section
21 435.04, Florida Statutes, is amended to read:
22 435.04 Level 2 screening standards.--
23 (2) The security background investigations under this
24 section must ensure that no persons subject to the provisions
25 of this section have been found guilty of, regardless of
26 adjudication, or entered a plea of nolo contendere or guilty
27 to, any offense prohibited under any of the following
28 provisions of the Florida Statutes or under any similar
29 statute of another jurisdiction:
30 (g) Section 782.09, relating to killing of an unborn
31 quick child by injury to the mother.
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1 Section 5. For the purpose of incorporating the
2 amendment to s. 316.193, Florida Statutes, in a reference
3 thereto, paragraphs (h) and (i) of subsection (3) of section
4 921.0022, Florida Statutes, are reenacted to read:
5 921.0022 Criminal Punishment Code; offense severity
6 ranking chart.--
7 (3) OFFENSE SEVERITY RANKING CHART
8
9 Florida Felony
10 Statute Degree Description
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13 (h) LEVEL 8
14 316.193
15 (3)(c)3.a. 2nd DUI manslaughter.
16 316.1935(4)(b) 1st Aggravated fleeing or attempted
17 eluding with serious bodily
18 injury or death.
19 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
20 499.0051(7) 1st Forgery of prescription or legend
21 drug labels.
22 499.0052 1st Trafficking in contraband legend
23 drugs.
24 560.123(8)(b)2. 2nd Failure to report currency or
25 payment instruments totaling or
26 exceeding $20,000, but less than
27 $100,000 by money transmitter.
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1 560.125(5)(b) 2nd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000.
6 655.50(10)(b)2. 2nd Failure to report financial
7 transactions totaling or
8 exceeding $20,000, but less than
9 $100,000 by financial
10 institutions.
11 777.03(2)(a) 1st Accessory after the fact, capital
12 felony.
13 782.04(4) 2nd Killing of human without design
14 when engaged in act or attempt of
15 any felony other than arson,
16 sexual battery, robbery,
17 burglary, kidnapping, aircraft
18 piracy, or unlawfully discharging
19 bomb.
20 782.051(2) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony not
23 enumerated in s. 782.04(3).
24 782.071(1)(b) 1st Committing vehicular homicide and
25 failing to render aid or give
26 information.
27 782.072(2) 1st Committing vessel homicide and
28 failing to render aid or give
29 information.
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1 790.161(3) 1st Discharging a destructive device
2 which results in bodily harm or
3 property damage.
4 794.011(5) 2nd Sexual battery, victim 12 years
5 or over, offender does not use
6 physical force likely to cause
7 serious injury.
8 800.04(4) 2nd Lewd or lascivious battery.
9 806.01(1) 1st Maliciously damage dwelling or
10 structure by fire or explosive,
11 believing person in structure.
12 810.02(2)(a) 1st,PBL Burglary with assault or battery.
13 810.02(2)(b) 1st,PBL Burglary; armed with explosives
14 or dangerous weapon.
15 810.02(2)(c) 1st Burglary of a dwelling or
16 structure causing structural
17 damage or $1,000 or more property
18 damage.
19 812.014(2)(a)2. 1st Property stolen; cargo valued at
20 $50,000 or more, grand theft in
21 1st degree.
22 812.13(2)(b) 1st Robbery with a weapon.
23 812.135(2)(c) 1st Home-invasion robbery, no
24 firearm, deadly weapon, or other
25 weapon.
26 817.568(6) 2nd Fraudulent use of personal
27 identification information of an
28 individual under the age of 18.
29 825.102(2) 2nd Aggravated abuse of an elderly
30 person or disabled adult.
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1 825.1025(2) 2nd Lewd or lascivious battery upon
2 an elderly person or disabled
3 adult.
4 825.103(2)(a) 1st Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100,000 or more.
7 837.02(2) 2nd Perjury in official proceedings
8 relating to prosecution of a
9 capital felony.
10 837.021(2) 2nd Making contradictory statements
11 in official proceedings relating
12 to prosecution of a capital
13 felony.
14 860.121(2)(c) 1st Shooting at or throwing any
15 object in path of railroad
16 vehicle resulting in great bodily
17 harm.
18 860.16 1st Aircraft piracy.
19 893.13(1)(b) 1st Sell or deliver in excess of 10
20 grams of any substance specified
21 in s. 893.03(1)(a) or (b).
22 893.13(2)(b) 1st Purchase in excess of 10 grams of
23 any substance specified in s.
24 893.03(1)(a) or (b).
25 893.13(6)(c) 1st Possess in excess of 10 grams of
26 any substance specified in s.
27 893.03(1)(a) or (b).
28 893.135(1)(a)2. 1st Trafficking in cannabis, more
29 than 2,000 lbs., less than 10,000
30 lbs.
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1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(d)1.b. 1st Trafficking in phencyclidine,
10 more than 200 grams, less than
11 400 grams.
12 893.135
13 (1)(e)1.b. 1st Trafficking in methaqualone, more
14 than 5 kilograms, less than 25
15 kilograms.
16 893.135
17 (1)(f)1.b. 1st Trafficking in amphetamine, more
18 than 28 grams, less than 200
19 grams.
20 893.135
21 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
22 grams or more, less than 28
23 grams.
24 893.135
25 (1)(h)1.b. 1st Trafficking in
26 gamma-hydroxybutyric acid (GHB),
27 5 kilograms or more, less than 10
28 kilograms.
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1 893.135
2 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
3 kilograms or more, less than 10
4 kilograms.
5 893.135
6 (1)(k)2.b. 1st Trafficking in Phenethylamines,
7 200 grams or more, less than 400
8 grams.
9 895.03(1) 1st Use or invest proceeds derived
10 from pattern of racketeering
11 activity.
12 895.03(2) 1st Acquire or maintain through
13 racketeering activity any
14 interest in or control of any
15 enterprise or real property.
16 895.03(3) 1st Conduct or participate in any
17 enterprise through pattern of
18 racketeering activity.
19 896.101(5)(b) 2nd Money laundering, financial
20 transactions totaling or
21 exceeding $20,000, but less than
22 $100,000.
23 896.104(4)(a)2. 2nd Structuring transactions to evade
24 reporting or registration
25 requirements, financial
26 transactions totaling or
27 exceeding $20,000 but less than
28 $100,000.
29 (i) LEVEL 9
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1 316.193
2 (3)(c)3.b. 1st DUI manslaughter; failing to
3 render aid or give information.
4 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
5 render aid or give information.
6 499.0053 1st Sale or purchase of contraband
7 legend drugs resulting in great
8 bodily harm.
9 560.123(8)(b)3. 1st Failure to report currency or
10 payment instruments totaling or
11 exceeding $100,000 by money
12 transmitter.
13 560.125(5)(c) 1st Money transmitter business by
14 unauthorized person, currency, or
15 payment instruments totaling or
16 exceeding $100,000.
17 655.50(10)(b)3. 1st Failure to report financial
18 transactions totaling or
19 exceeding $100,000 by financial
20 institution.
21 775.0844 1st Aggravated white collar crime.
22 782.04(1) 1st Attempt, conspire, or solicit to
23 commit premeditated murder.
24 782.04(3) 1st,PBL Accomplice to murder in
25 connection with arson, sexual
26 battery, robbery, burglary, and
27 other specified felonies.
28 782.051(1) 1st Attempted felony murder while
29 perpetrating or attempting to
30 perpetrate a felony enumerated in
31 s. 782.04(3).
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1 782.07(2) 1st Aggravated manslaughter of an
2 elderly person or disabled adult.
3 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
4 reward or as a shield or hostage.
5 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
6 or facilitate commission of any
7 felony.
8 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
9 interfere with performance of any
10 governmental or political
11 function.
12 787.02(3)(a) 1st False imprisonment; child under
13 age 13; perpetrator also commits
14 aggravated child abuse, sexual
15 battery, or lewd or lascivious
16 battery, molestation, conduct, or
17 exhibition.
18 790.161 1st Attempted capital destructive
19 device offense.
20 790.166(2) 1st,PBL Possessing, selling, using, or
21 attempting to use a weapon of
22 mass destruction.
23 794.011(2) 1st Attempted sexual battery; victim
24 less than 12 years of age.
25 794.011(2) Life Sexual battery; offender younger
26 than 18 years and commits sexual
27 battery on a person less than 12
28 years.
29 794.011(4) 1st Sexual battery; victim 12 years
30 or older, certain circumstances.
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1 794.011(8)(b) 1st Sexual battery; engage in sexual
2 conduct with minor 12 to 18 years
3 by person in familial or
4 custodial authority.
5 800.04(5)(b) 1st Lewd or lascivious molestation;
6 victim less than 12 years;
7 offender 18 years or older.
8 812.13(2)(a) 1st,PBL Robbery with firearm or other
9 deadly weapon.
10 812.133(2)(a) 1st,PBL Carjacking; firearm or other
11 deadly weapon.
12 812.135(2)(b) 1st Home-invasion robbery with
13 weapon.
14 817.568(7) 2nd,PBL Fraudulent use of personal
15 identification information of an
16 individual under the age of 18 by
17 his or her parent, legal
18 guardian, or person exercising
19 custodial authority.
20 827.03(2) 1st Aggravated child abuse.
21 847.0145(1) 1st Selling, or otherwise
22 transferring custody or control,
23 of a minor.
24 847.0145(2) 1st Purchasing, or otherwise
25 obtaining custody or control, of
26 a minor.
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1 859.01 1st Poisoning or introducing
2 bacteria, radioactive materials,
3 viruses, or chemical compounds
4 into food, drink, medicine, or
5 water with intent to kill or
6 injure another person.
7 893.135 1st Attempted capital trafficking
8 offense.
9 893.135(1)(a)3. 1st Trafficking in cannabis, more
10 than 10,000 lbs.
11 893.135
12 (1)(b)1.c. 1st Trafficking in cocaine, more than
13 400 grams, less than 150
14 kilograms.
15 893.135
16 (1)(c)1.c. 1st Trafficking in illegal drugs,
17 more than 28 grams, less than 30
18 kilograms.
19 893.135
20 (1)(d)1.c. 1st Trafficking in phencyclidine,
21 more than 400 grams.
22 893.135
23 (1)(e)1.c. 1st Trafficking in methaqualone, more
24 than 25 kilograms.
25 893.135
26 (1)(f)1.c. 1st Trafficking in amphetamine, more
27 than 200 grams.
28 893.135
29 (1)(h)1.c. 1st Trafficking in
30 gamma-hydroxybutyric acid (GHB),
31 10 kilograms or more.
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1 893.135
2 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
3 kilograms or more.
4 893.135
5 (1)(k)2.c. 1st Trafficking in Phenethylamines,
6 400 grams or more.
7 896.101(5)(c) 1st Money laundering, financial
8 instruments totaling or exceeding
9 $100,000.
10 896.104(4)(a)3. 1st Structuring transactions to evade
11 reporting or registration
12 requirements, financial
13 transactions totaling or
14 exceeding $100,000.
15 Section 6. For the purpose of incorporating the
16 amendment to section 316.193, Florida Statutes, in a reference
17 thereto, subsection (1) of section 316.656, Florida Statutes,
18 is reenacted to read:
19 316.656 Mandatory adjudication; prohibition against
20 accepting plea to lesser included offense.--
21 (1) Notwithstanding the provisions of s. 948.01, no
22 court may suspend, defer, or withhold adjudication of guilt or
23 imposition of sentence for any violation of s. 316.193, for
24 manslaughter resulting from the operation of a motor vehicle,
25 or for vehicular homicide.
26 Section 7. For the purpose of incorporating the
27 amendment to section 316.193, Florida Statutes, in a reference
28 thereto, paragraph (j) of subsection (3) of section 947.146,
29 Florida Statutes, is reenacted to read:
30 947.146 Control Release Authority.--
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1 (3) Within 120 days prior to the date the state
2 correctional system is projected pursuant to s. 216.136 to
3 exceed 99 percent of total capacity, the authority shall
4 determine eligibility for and establish a control release date
5 for an appropriate number of parole ineligible inmates
6 committed to the department and incarcerated within the state
7 who have been determined by the authority to be eligible for
8 discretionary early release pursuant to this section. In
9 establishing control release dates, it is the intent of the
10 Legislature that the authority prioritize consideration of
11 eligible inmates closest to their tentative release date. The
12 authority shall rely upon commitment data on the offender
13 information system maintained by the department to initially
14 identify inmates who are to be reviewed for control release
15 consideration. The authority may use a method of objective
16 risk assessment in determining if an eligible inmate should be
17 released. Such assessment shall be a part of the department's
18 management information system. However, the authority shall
19 have sole responsibility for determining control release
20 eligibility, establishing a control release date, and
21 effectuating the release of a sufficient number of inmates to
22 maintain the inmate population between 99 percent and 100
23 percent of total capacity. Inmates who are ineligible for
24 control release are inmates who are parole eligible or inmates
25 who:
26 (j) Are convicted, or have been previously convicted,
27 of DUI manslaughter under s. 316.193(3)(c)3., and are
28 sentenced, or have been sentenced at any time, as a habitual
29 offender for such offense, or have been sentenced at any time
30 in another jurisdiction as a habitual offender for such
31 offense;
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1
2 In making control release eligibility determinations under
3 this subsection, the authority may rely on any document
4 leading to or generated during the course of the criminal
5 proceedings, including, but not limited to, any presentence or
6 postsentence investigation or any information contained in
7 arrest reports relating to circumstances of the offense.
8 Section 8. For the purpose of incorporating the
9 amendment to section 316.193, Florida Statutes, in a reference
10 thereto, paragraph (b) of subsection (3) of section 960.03,
11 Florida Statutes, is reenacted to read:
12 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
13 960.01-960.28, unless the context otherwise requires, the
14 term:
15 (3) "Crime" means:
16 (b) A violation of s. 316.193, s. 316.027(1), s.
17 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results
18 in physical injury or death; however, no other act involving
19 the operation of a motor vehicle, boat, or aircraft which
20 results in injury or death shall constitute a crime for the
21 purpose of this chapter unless the injury or death was
22 intentionally inflicted through the use of such vehicle, boat,
23 or aircraft or unless such vehicle, boat, or aircraft is an
24 implement of a crime to which this act applies.
25 Section 9. This act shall take effect October 1, 2005,
26 and shall apply to offenses committed on or after that date.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1526
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4 - The Committee Substitute omits the definition of "unborn
quick child" that was contained in the bill. This has the
5 effect of retaining current law.
6 - The Committee Substitute reinstates current law with
regard to the killing of a "viable fetus" in the
7 Vehicular Manslaughter statute, and deletes the bill's
corresponding amendment of the Criminal Punishment Code.
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