Senate Bill sb1526c2
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By the Committees on Justice Appropriations; Criminal Justice;
and Senator Baker
604-2239-05
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; adopting the definition of viable
6 fetus for purposes of this offense; amending s.
7 782.09, F.S.; providing that killing an unborn
8 quick child by injury to the mother which would
9 be murder in any degree if it resulted in the
10 death of the mother is murder in the same
11 degree; providing penalties; providing that the
12 unlawful killing of an unborn quick child by
13 injury to the mother which would be
14 manslaughter if it resulted in the death of the
15 mother is manslaughter; providing penalties;
16 providing that the death of the mother does not
17 bar prosecution under specified circumstances;
18 providing that the section does not authorize
19 prosecution of a person in connection with a
20 termination of pregnancy; adopting the
21 definition of viable fetus for purposes of this
22 offense; amending ss. 435.03 and 435.04, F.S.,
23 to conform provisions to changes made by the
24 amendments to s. 782.09, F.S.; reenacting s.
25 921.0022(3)(h) and (i), F.S., relating to the
26 Criminal Punishment Code offense severity
27 ranking chart, to incorporate the amendment to
28 s. 316.193, F.S., in references thereto;
29 reenacting s. 316.656(3), F.S., relating to
30 mandatory adjudication, to incorporate the
31 amendment to s. 316.193, F.S., in a reference
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1 thereto; reenacting s. 947.146(3)(j), F.S.,
2 relating to the Control Release Authority, to
3 incorporate the amendment to s. 316.193, F.S.,
4 in a reference thereto; reenacting s.
5 960.03(3)(b), F.S., relating to the definition
6 of "crime" under the Florida Crimes
7 Compensation Act, to incorporate the amendment
8 to s. 316.193, F.S., in a reference thereto;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (3) of section 316.193, Florida
14 Statutes, is amended to read:
15 316.193 Driving under the influence; penalties.--
16 (3) Any person:
17 (a) Who is in violation of subsection (1);
18 (b) Who operates a vehicle; and
19 (c) Who, by reason of such operation, causes or
20 contributes to causing:
21 1. Damage to the property or person of another commits
22 a misdemeanor of the first degree, punishable as provided in
23 s. 775.082 or s. 775.083.
24 2. Serious bodily injury to another, as defined in s.
25 316.1933, commits a felony of the third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 3. The death of any human being or unborn quick child
28 commits DUI manslaughter, and commits:
29 a. A felony of the second degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
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1 b. A felony of the first degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084, if:
3 (I) At the time of the crash, the person knew, or
4 should have known, that the crash occurred; and
5 (II) The person failed to give information and render
6 aid as required by s. 316.062.
7
8 For purposes of this subsection, the definition of the term
9 "unborn quick child" shall be determined in accordance with
10 the definition of viable fetus as set forth in s. 782.071.
11 Section 2. Section 782.09, Florida Statutes, is
12 amended to read:
13 782.09 Killing of unborn quick child by injury to
14 mother.--
15 (1) The unlawful willful killing of an unborn quick
16 child, by any injury to the mother of such child which would
17 be murder if it resulted in the death of such mother, shall be
18 deemed murder in the same degree as that which would have been
19 committed against the mother. Any person, other than the
20 mother, who unlawfully kills an unborn quick child by any
21 injury to the mother:
22 (a) Which would be murder in the first degree
23 constituting a capital felony if it resulted in the mother's
24 death commits murder in the first degree constituting a
25 capital felony, punishable as provided in s. 775.082.
26 (b) Which would be murder in the second degree if it
27 resulted in the mother's death commits murder in the second
28 degree, a felony of the first degree, punishable as provided
29 in s. 775.082, s. 775.083, or s. 775.084.
30 (c) Which would be murder in the third degree if it
31 resulted in the mother's death commits murder in the third
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1 degree manslaughter, a felony of the second degree, punishable
2 as provided in s. 775.082, s. 775.083, or s. 775.084.
3 (2) The unlawful killing of an unborn quick child by
4 any injury to the mother of such child which would be
5 manslaughter if it resulted in the death of such mother shall
6 be deemed manslaughter. A person who unlawfully kills an
7 unborn quick child by any injury to the mother which would be
8 manslaughter if it resulted in the mother's death commits
9 manslaughter, a felony of the second degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084.
11 (3) The death of the mother resulting from the same
12 act or criminal episode that caused the death of the unborn
13 quick child does not bar prosecution under this section.
14 (4) This section does not authorize the prosecution of
15 any person in connection with a termination of pregnancy
16 pursuant to chapter 390.
17 (5) For purposes of this section, the definition of
18 the term "unborn quick child" shall be determined in
19 accordance with the definition of viable fetus as set forth in
20 s. 782.071.
21 Section 3. Paragraph (g) of subsection (2) of section
22 435.03, Florida Statutes, is amended to read:
23 435.03 Level 1 screening standards.--
24 (2) Any person for whom employment screening is
25 required by statute must not have been found guilty of,
26 regardless of adjudication, or entered a plea of nolo
27 contendere or guilty to, any offense prohibited under any of
28 the following provisions of the Florida Statutes or under any
29 similar 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 4. Paragraph (g) of subsection (2) of section
2 435.04, Florida Statutes, is amended to read:
3 435.04 Level 2 screening standards.--
4 (2) The security background investigations under this
5 section must ensure that no persons subject to the provisions
6 of this section have been found guilty of, regardless of
7 adjudication, or entered a plea of nolo contendere or guilty
8 to, any offense prohibited under any of the following
9 provisions of the Florida Statutes or under any similar
10 statute of another jurisdiction:
11 (g) Section 782.09, relating to killing of an unborn
12 quick child by injury to the mother.
13 Section 5. For the purpose of incorporating the
14 amendment to s. 316.193, Florida Statutes, in a reference
15 thereto, paragraphs (h) and (i) of subsection (3) of section
16 921.0022, Florida Statutes, are reenacted to read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
20
21 Florida Felony
22 Statute Degree Description
23
24
25 (h) LEVEL 8
26 316.193
27 (3)(c)3.a. 2nd DUI manslaughter.
28 316.1935(4)(b) 1st Aggravated fleeing or attempted
29 eluding with serious bodily
30 injury or death.
31 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
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1 499.0051(7) 1st Forgery of prescription or legend
2 drug labels.
3 499.0052 1st Trafficking in contraband legend
4 drugs.
5 560.123(8)(b)2. 2nd Failure to report currency or
6 payment instruments totaling or
7 exceeding $20,000, but less than
8 $100,000 by money transmitter.
9 560.125(5)(b) 2nd Money transmitter business by
10 unauthorized person, currency or
11 payment instruments totaling or
12 exceeding $20,000, but less than
13 $100,000.
14 655.50(10)(b)2. 2nd Failure to report financial
15 transactions totaling or
16 exceeding $20,000, but less than
17 $100,000 by financial
18 institutions.
19 777.03(2)(a) 1st Accessory after the fact, capital
20 felony.
21 782.04(4) 2nd Killing of human without design
22 when engaged in act or attempt of
23 any felony other than arson,
24 sexual battery, robbery,
25 burglary, kidnapping, aircraft
26 piracy, or unlawfully discharging
27 bomb.
28 782.051(2) 1st Attempted felony murder while
29 perpetrating or attempting to
30 perpetrate a felony not
31 enumerated in s. 782.04(3).
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1 782.071(1)(b) 1st Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 1st Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 800.04(4) 2nd Lewd or lascivious battery.
15 806.01(1) 1st Maliciously damage dwelling or
16 structure by fire or explosive,
17 believing person in structure.
18 810.02(2)(a) 1st,PBL Burglary with assault or battery.
19 810.02(2)(b) 1st,PBL Burglary; armed with explosives
20 or dangerous weapon.
21 810.02(2)(c) 1st Burglary of a dwelling or
22 structure causing structural
23 damage or $1,000 or more property
24 damage.
25 812.014(2)(a)2. 1st Property stolen; cargo valued at
26 $50,000 or more, grand theft in
27 1st degree.
28 812.13(2)(b) 1st Robbery with a weapon.
29 812.135(2)(c) 1st Home-invasion robbery, no
30 firearm, deadly weapon, or other
31 weapon.
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1 817.568(6) 2nd Fraudulent use of personal
2 identification information of an
3 individual under the age of 18.
4 825.102(2) 2nd Aggravated abuse of an elderly
5 person or disabled adult.
6 825.1025(2) 2nd Lewd or lascivious battery upon
7 an elderly person or disabled
8 adult.
9 825.103(2)(a) 1st Exploiting an elderly person or
10 disabled adult and property is
11 valued at $100,000 or more.
12 837.02(2) 2nd Perjury in official proceedings
13 relating to prosecution of a
14 capital felony.
15 837.021(2) 2nd Making contradictory statements
16 in official proceedings relating
17 to prosecution of a capital
18 felony.
19 860.121(2)(c) 1st Shooting at or throwing any
20 object in path of railroad
21 vehicle resulting in great bodily
22 harm.
23 860.16 1st Aircraft piracy.
24 893.13(1)(b) 1st Sell or deliver in excess of 10
25 grams of any substance specified
26 in s. 893.03(1)(a) or (b).
27 893.13(2)(b) 1st Purchase in excess of 10 grams of
28 any substance specified in s.
29 893.03(1)(a) or (b).
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1 893.13(6)(c) 1st Possess in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.135(1)(a)2. 1st Trafficking in cannabis, more
5 than 2,000 lbs., less than 10,000
6 lbs.
7 893.135
8 (1)(b)1.b. 1st Trafficking in cocaine, more than
9 200 grams, less than 400 grams.
10 893.135
11 (1)(c)1.b. 1st Trafficking in illegal drugs,
12 more than 14 grams, less than 28
13 grams.
14 893.135
15 (1)(d)1.b. 1st Trafficking in phencyclidine,
16 more than 200 grams, less than
17 400 grams.
18 893.135
19 (1)(e)1.b. 1st Trafficking in methaqualone, more
20 than 5 kilograms, less than 25
21 kilograms.
22 893.135
23 (1)(f)1.b. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 893.135
27 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
28 grams or more, less than 28
29 grams.
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1 893.135
2 (1)(h)1.b. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 5 kilograms or more, less than 10
5 kilograms.
6 893.135
7 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
8 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(k)2.b. 1st Trafficking in Phenethylamines,
12 200 grams or more, less than 400
13 grams.
14 895.03(1) 1st Use or invest proceeds derived
15 from pattern of racketeering
16 activity.
17 895.03(2) 1st Acquire or maintain through
18 racketeering activity any
19 interest in or control of any
20 enterprise or real property.
21 895.03(3) 1st Conduct or participate in any
22 enterprise through pattern of
23 racketeering activity.
24 896.101(5)(b) 2nd Money laundering, financial
25 transactions totaling or
26 exceeding $20,000, but less than
27 $100,000.
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1 896.104(4)(a)2. 2nd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $20,000 but less than
6 $100,000.
7 (i) LEVEL 9
8 316.193
9 (3)(c)3.b. 1st DUI manslaughter; failing to
10 render aid or give information.
11 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
12 render aid or give information.
13 499.0053 1st Sale or purchase of contraband
14 legend drugs resulting in great
15 bodily harm.
16 560.123(8)(b)3. 1st Failure to report currency or
17 payment instruments totaling or
18 exceeding $100,000 by money
19 transmitter.
20 560.125(5)(c) 1st Money transmitter business by
21 unauthorized person, currency, or
22 payment instruments totaling or
23 exceeding $100,000.
24 655.50(10)(b)3. 1st Failure to report financial
25 transactions totaling or
26 exceeding $100,000 by financial
27 institution.
28 775.0844 1st Aggravated white collar crime.
29 782.04(1) 1st Attempt, conspire, or solicit to
30 commit premeditated murder.
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1 782.04(3) 1st,PBL Accomplice to murder in
2 connection with arson, sexual
3 battery, robbery, burglary, and
4 other specified felonies.
5 782.051(1) 1st Attempted felony murder while
6 perpetrating or attempting to
7 perpetrate a felony enumerated in
8 s. 782.04(3).
9 782.07(2) 1st Aggravated manslaughter of an
10 elderly person or disabled adult.
11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
12 reward or as a shield or hostage.
13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
14 or facilitate commission of any
15 felony.
16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
17 interfere with performance of any
18 governmental or political
19 function.
20 787.02(3)(a) 1st False imprisonment; child under
21 age 13; perpetrator also commits
22 aggravated child abuse, sexual
23 battery, or lewd or lascivious
24 battery, molestation, conduct, or
25 exhibition.
26 790.161 1st Attempted capital destructive
27 device offense.
28 790.166(2) 1st,PBL Possessing, selling, using, or
29 attempting to use a weapon of
30 mass destruction.
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1 794.011(2) 1st Attempted sexual battery; victim
2 less than 12 years of age.
3 794.011(2) Life Sexual battery; offender younger
4 than 18 years and commits sexual
5 battery on a person less than 12
6 years.
7 794.011(4) 1st Sexual battery; victim 12 years
8 or older, certain circumstances.
9 794.011(8)(b) 1st Sexual battery; engage in sexual
10 conduct with minor 12 to 18 years
11 by person in familial or
12 custodial authority.
13 800.04(5)(b) 1st Lewd or lascivious molestation;
14 victim less than 12 years;
15 offender 18 years or older.
16 812.13(2)(a) 1st,PBL Robbery with firearm or other
17 deadly weapon.
18 812.133(2)(a) 1st,PBL Carjacking; firearm or other
19 deadly weapon.
20 812.135(2)(b) 1st Home-invasion robbery with
21 weapon.
22 817.568(7) 2nd,PBL Fraudulent use of personal
23 identification information of an
24 individual under the age of 18 by
25 his or her parent, legal
26 guardian, or person exercising
27 custodial authority.
28 827.03(2) 1st Aggravated child abuse.
29 847.0145(1) 1st Selling, or otherwise
30 transferring custody or control,
31 of a minor.
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1 847.0145(2) 1st Purchasing, or otherwise
2 obtaining custody or control, of
3 a minor.
4 859.01 1st Poisoning or introducing
5 bacteria, radioactive materials,
6 viruses, or chemical compounds
7 into food, drink, medicine, or
8 water with intent to kill or
9 injure another person.
10 893.135 1st Attempted capital trafficking
11 offense.
12 893.135(1)(a)3. 1st Trafficking in cannabis, more
13 than 10,000 lbs.
14 893.135
15 (1)(b)1.c. 1st Trafficking in cocaine, more than
16 400 grams, less than 150
17 kilograms.
18 893.135
19 (1)(c)1.c. 1st Trafficking in illegal drugs,
20 more than 28 grams, less than 30
21 kilograms.
22 893.135
23 (1)(d)1.c. 1st Trafficking in phencyclidine,
24 more than 400 grams.
25 893.135
26 (1)(e)1.c. 1st Trafficking in methaqualone, more
27 than 25 kilograms.
28 893.135
29 (1)(f)1.c. 1st Trafficking in amphetamine, more
30 than 200 grams.
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1 893.135
2 (1)(h)1.c. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 10 kilograms or more.
5 893.135
6 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
7 kilograms or more.
8 893.135
9 (1)(k)2.c. 1st Trafficking in Phenethylamines,
10 400 grams or more.
11 896.101(5)(c) 1st Money laundering, financial
12 instruments totaling or exceeding
13 $100,000.
14 896.104(4)(a)3. 1st Structuring transactions to evade
15 reporting or registration
16 requirements, financial
17 transactions totaling or
18 exceeding $100,000.
19 Section 6. For the purpose of incorporating the
20 amendment to section 316.193, Florida Statutes, in a reference
21 thereto, subsection (1) of section 316.656, Florida Statutes,
22 is reenacted to read:
23 316.656 Mandatory adjudication; prohibition against
24 accepting plea to lesser included offense.--
25 (1) Notwithstanding the provisions of s. 948.01, no
26 court may suspend, defer, or withhold adjudication of guilt or
27 imposition of sentence for any violation of s. 316.193, for
28 manslaughter resulting from the operation of a motor vehicle,
29 or for vehicular homicide.
30 Section 7. For the purpose of incorporating the
31 amendment to section 316.193, Florida Statutes, in a reference
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1 thereto, paragraph (j) of subsection (3) of section 947.146,
2 Florida Statutes, is reenacted to read:
3 947.146 Control Release Authority.--
4 (3) Within 120 days prior to the date the state
5 correctional system is projected pursuant to s. 216.136 to
6 exceed 99 percent of total capacity, the authority shall
7 determine eligibility for and establish a control release date
8 for an appropriate number of parole ineligible inmates
9 committed to the department and incarcerated within the state
10 who have been determined by the authority to be eligible for
11 discretionary early release pursuant to this section. In
12 establishing control release dates, it is the intent of the
13 Legislature that the authority prioritize consideration of
14 eligible inmates closest to their tentative release date. The
15 authority shall rely upon commitment data on the offender
16 information system maintained by the department to initially
17 identify inmates who are to be reviewed for control release
18 consideration. The authority may use a method of objective
19 risk assessment in determining if an eligible inmate should be
20 released. Such assessment shall be a part of the department's
21 management information system. However, the authority shall
22 have sole responsibility for determining control release
23 eligibility, establishing a control release date, and
24 effectuating the release of a sufficient number of inmates to
25 maintain the inmate population between 99 percent and 100
26 percent of total capacity. Inmates who are ineligible for
27 control release are inmates who are parole eligible or inmates
28 who:
29 (j) Are convicted, or have been previously convicted,
30 of DUI manslaughter under s. 316.193(3)(c)3., and are
31 sentenced, or have been sentenced at any time, as a habitual
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1 offender for such offense, or have been sentenced at any time
2 in another jurisdiction as a habitual offender for such
3 offense;
4
5 In making control release eligibility determinations under
6 this subsection, the authority may rely on any document
7 leading to or generated during the course of the criminal
8 proceedings, including, but not limited to, any presentence or
9 postsentence investigation or any information contained in
10 arrest reports relating to circumstances of the offense.
11 Section 8. For the purpose of incorporating the
12 amendment to section 316.193, Florida Statutes, in a reference
13 thereto, paragraph (b) of subsection (3) of section 960.03,
14 Florida Statutes, is reenacted to read:
15 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
16 960.01-960.28, unless the context otherwise requires, the
17 term:
18 (3) "Crime" means:
19 (b) A violation of s. 316.193, s. 316.027(1), s.
20 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results
21 in physical injury or death; however, no other act involving
22 the operation of a motor vehicle, boat, or aircraft which
23 results in injury or death shall constitute a crime for the
24 purpose of this chapter unless the injury or death was
25 intentionally inflicted through the use of such vehicle, boat,
26 or aircraft or unless such vehicle, boat, or aircraft is an
27 implement of a crime to which this act applies.
28 Section 9. This act shall take effect October 1, 2005,
29 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 CS for SB 1526
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4 The committee substitute for committee substitute adopts the
definition of the term "viable fetus", as set forth in s.
5 782.071, F.S., for purposes of the offenses proscribed in the
bill.
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