Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 233, 1st Eng.
                        Barcode 305800
                            CHAMBER ACTION
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11  Senator Baker moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (3) of section 316.193, Florida
18  Statutes, is amended to read:
19         316.193  Driving under the influence; penalties.--
20         (3)  Any person:
21         (a)  Who is in violation of subsection (1);
22         (b)  Who operates a vehicle; and
23         (c)  Who, by reason of such operation, causes or
24  contributes to causing:
25         1.  Damage to the property or person of another commits
26  a misdemeanor of the first degree, punishable as provided in
27  s. 775.082 or s. 775.083.
28         2.  Serious bodily injury to another, as defined in s.
29  316.1933, commits a felony of the third degree, punishable as
30  provided in s. 775.082, s. 775.083, or s. 775.084.
31         3.  The death of any human being or unborn quick child
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 commits DUI manslaughter, and commits: 2 a. A felony of the second degree, punishable as 3 provided in s. 775.082, s. 775.083, or s. 775.084. 4 b. A felony of the first degree, punishable as 5 provided in s. 775.082, s. 775.083, or s. 775.084, if: 6 (I) At the time of the crash, the person knew, or 7 should have known, that the crash occurred; and 8 (II) The person failed to give information and render 9 aid as required by s. 316.062. 10 11 For purposes of this subsection, the definition of the term 12 "unborn quick child" shall be determined in accordance with 13 the definition of viable fetus as set forth in s. 782.071. 14 Section 2. Section 782.09, Florida Statutes, is 15 amended to read: 16 782.09 Killing of unborn quick child by injury to 17 mother.-- 18 (1) The unlawful willful killing of an unborn quick 19 child, by any injury to the mother of such child which would 20 be murder if it resulted in the death of such mother, shall be 21 deemed murder in the same degree as that which would have been 22 committed against the mother. Any person, other than the 23 mother, who unlawfully kills an unborn quick child by any 24 injury to the mother: 25 (a) Which would be murder in the first degree 26 constituting a capital felony if it resulted in the mother's 27 death commits murder in the first degree constituting a 28 capital felony, punishable as provided in s. 775.082. 29 (b) Which would be murder in the second degree if it 30 resulted in the mother's death commits murder in the second 31 degree, a felony of the first degree, punishable as provided 2 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 in s. 775.082, s. 775.083, or s. 775.084. 2 (c) Which would be murder in the third degree if it 3 resulted in the mother's death commits murder in the third 4 degree manslaughter, a felony of the second degree, punishable 5 as provided in s. 775.082, s. 775.083, or s. 775.084. 6 (2) The unlawful killing of an unborn quick child by 7 any injury to the mother of such child which would be 8 manslaughter if it resulted in the death of such mother shall 9 be deemed manslaughter. A person who unlawfully kills an 10 unborn quick child by any injury to the mother which would be 11 manslaughter if it resulted in the mother's death commits 12 manslaughter, a felony of the second degree, punishable as 13 provided in s. 775.082, s. 775.083, or s. 775.084. 14 (3) The death of the mother resulting from the same 15 act or criminal episode that caused the death of the unborn 16 quick child does not bar prosecution under this section. 17 (4) This section does not authorize the prosecution of 18 any person in connection with a termination of pregnancy 19 pursuant to chapter 390. 20 (5) For purposes of this section, the definition of 21 the term "unborn quick child" shall be determined in 22 accordance with the definition of viable fetus as set forth in 23 s. 782.071. 24 Section 3. Paragraph (g) of subsection (2) of section 25 435.03, Florida Statutes, is amended to read: 26 435.03 Level 1 screening standards.-- 27 (2) Any person for whom employment screening is 28 required by statute must not have been found guilty of, 29 regardless of adjudication, or entered a plea of nolo 30 contendere or guilty to, any offense prohibited under any of 31 the following provisions of the Florida Statutes or under any 3 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 similar statute of another jurisdiction: 2 (g) Section 782.09, relating to killing of an unborn 3 quick child by injury to the mother. 4 Section 4. Paragraph (g) of subsection (2) of section 5 435.04, Florida Statutes, is amended to read: 6 435.04 Level 2 screening standards.-- 7 (2) The security background investigations under this 8 section must ensure that no persons subject to the provisions 9 of this section have been found guilty of, regardless of 10 adjudication, or entered a plea of nolo contendere or guilty 11 to, any offense prohibited under any of the following 12 provisions of the Florida Statutes or under any similar 13 statute of another jurisdiction: 14 (g) Section 782.09, relating to killing of an unborn 15 quick child by injury to the mother. 16 Section 5. For the purpose of incorporating the 17 amendment to s. 316.193, Florida Statutes, in a reference 18 thereto, paragraphs (h) and (i) of subsection (3) of section 19 921.0022, Florida Statutes, are reenacted to read: 20 921.0022 Criminal Punishment Code; offense severity 21 ranking chart.-- 22 (3) OFFENSE SEVERITY RANKING CHART 23 24 Florida Felony 25 Statute Degree Description 26 27 28 (h) LEVEL 8 29 316.193 30 (3)(c)3.a. 2nd DUI manslaughter. 31 4 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 316.1935(4)(b) 1st Aggravated fleeing or attempted 2 eluding with serious bodily 3 injury or death. 4 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 5 499.0051(7) 1st Forgery of prescription or legend 6 drug labels. 7 499.0052 1st Trafficking in contraband legend 8 drugs. 9 560.123(8)(b)2. 2nd Failure to report currency or 10 payment instruments totaling or 11 exceeding $20,000, but less than 12 $100,000 by money transmitter. 13 560.125(5)(b) 2nd Money transmitter business by 14 unauthorized person, currency or 15 payment instruments totaling or 16 exceeding $20,000, but less than 17 $100,000. 18 655.50(10)(b)2. 2nd Failure to report financial 19 transactions totaling or 20 exceeding $20,000, but less than 21 $100,000 by financial 22 institutions. 23 777.03(2)(a) 1st Accessory after the fact, capital 24 felony. 25 782.04(4) 2nd Killing of human without design 26 when engaged in act or attempt of 27 any felony other than arson, 28 sexual battery, robbery, 29 burglary, kidnapping, aircraft 30 piracy, or unlawfully discharging 31 bomb. 5 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 782.051(2) 1st Attempted felony murder while 2 perpetrating or attempting to 3 perpetrate a felony not 4 enumerated in s. 782.04(3). 5 782.071(1)(b) 1st Committing vehicular homicide and 6 failing to render aid or give 7 information. 8 782.072(2) 1st Committing vessel homicide and 9 failing to render aid or give 10 information. 11 790.161(3) 1st Discharging a destructive device 12 which results in bodily harm or 13 property damage. 14 794.011(5) 2nd Sexual battery, victim 12 years 15 or over, offender does not use 16 physical force likely to cause 17 serious injury. 18 800.04(4) 2nd Lewd or lascivious battery. 19 806.01(1) 1st Maliciously damage dwelling or 20 structure by fire or explosive, 21 believing person in structure. 22 810.02(2)(a) 1st,PBL Burglary with assault or battery. 23 810.02(2)(b) 1st,PBL Burglary; armed with explosives 24 or dangerous weapon. 25 810.02(2)(c) 1st Burglary of a dwelling or 26 structure causing structural 27 damage or $1,000 or more property 28 damage. 29 812.014(2)(a)2. 1st Property stolen; cargo valued at 30 $50,000 or more, grand theft in 31 1st degree. 6 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 812.13(2)(b) 1st Robbery with a weapon. 2 812.135(2)(c) 1st Home-invasion robbery, no 3 firearm, deadly weapon, or other 4 weapon. 5 817.568(6) 2nd Fraudulent use of personal 6 identification information of an 7 individual under the age of 18. 8 825.102(2) 2nd Aggravated abuse of an elderly 9 person or disabled adult. 10 825.1025(2) 2nd Lewd or lascivious battery upon 11 an elderly person or disabled 12 adult. 13 825.103(2)(a) 1st Exploiting an elderly person or 14 disabled adult and property is 15 valued at $100,000 or more. 16 837.02(2) 2nd Perjury in official proceedings 17 relating to prosecution of a 18 capital felony. 19 837.021(2) 2nd Making contradictory statements 20 in official proceedings relating 21 to prosecution of a capital 22 felony. 23 860.121(2)(c) 1st Shooting at or throwing any 24 object in path of railroad 25 vehicle resulting in great bodily 26 harm. 27 860.16 1st Aircraft piracy. 28 893.13(1)(b) 1st Sell or deliver in excess of 10 29 grams of any substance specified 30 in s. 893.03(1)(a) or (b). 31 7 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 893.13(2)(b) 1st Purchase in excess of 10 grams of 2 any substance specified in s. 3 893.03(1)(a) or (b). 4 893.13(6)(c) 1st Possess in excess of 10 grams of 5 any substance specified in s. 6 893.03(1)(a) or (b). 7 893.135(1)(a)2. 1st Trafficking in cannabis, more 8 than 2,000 lbs., less than 10,000 9 lbs. 10 893.135 11 (1)(b)1.b. 1st Trafficking in cocaine, more than 12 200 grams, less than 400 grams. 13 893.135 14 (1)(c)1.b. 1st Trafficking in illegal drugs, 15 more than 14 grams, less than 28 16 grams. 17 893.135 18 (1)(d)1.b. 1st Trafficking in phencyclidine, 19 more than 200 grams, less than 20 400 grams. 21 893.135 22 (1)(e)1.b. 1st Trafficking in methaqualone, more 23 than 5 kilograms, less than 25 24 kilograms. 25 893.135 26 (1)(f)1.b. 1st Trafficking in amphetamine, more 27 than 28 grams, less than 200 28 grams. 29 893.135 30 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 31 grams or more, less than 28 8 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 grams. 2 893.135 3 (1)(h)1.b. 1st Trafficking in 4 gamma-hydroxybutyric acid (GHB), 5 5 kilograms or more, less than 10 6 kilograms. 7 893.135 8 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 9 kilograms or more, less than 10 10 kilograms. 11 893.135 12 (1)(k)2.b. 1st Trafficking in Phenethylamines, 13 200 grams or more, less than 400 14 grams. 15 895.03(1) 1st Use or invest proceeds derived 16 from pattern of racketeering 17 activity. 18 895.03(2) 1st Acquire or maintain through 19 racketeering activity any 20 interest in or control of any 21 enterprise or real property. 22 895.03(3) 1st Conduct or participate in any 23 enterprise through pattern of 24 racketeering activity. 25 896.101(5)(b) 2nd Money laundering, financial 26 transactions totaling or 27 exceeding $20,000, but less than 28 $100,000. 29 896.104(4)(a)2. 2nd Structuring transactions to evade 30 reporting or registration 31 requirements, financial 9 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 transactions totaling or 2 exceeding $20,000 but less than 3 $100,000. 4 (i) LEVEL 9 5 316.193 6 (3)(c)3.b. 1st DUI manslaughter; failing to 7 render aid or give information. 8 327.35(3)(c)3.b. 1st BUI manslaughter; failing to 9 render aid or give information. 10 499.0053 1st Sale or purchase of contraband 11 legend drugs resulting in great 12 bodily harm. 13 560.123(8)(b)3. 1st Failure to report currency or 14 payment instruments totaling or 15 exceeding $100,000 by money 16 transmitter. 17 560.125(5)(c) 1st Money transmitter business by 18 unauthorized person, currency, or 19 payment instruments totaling or 20 exceeding $100,000. 21 655.50(10)(b)3. 1st Failure to report financial 22 transactions totaling or 23 exceeding $100,000 by financial 24 institution. 25 775.0844 1st Aggravated white collar crime. 26 782.04(1) 1st Attempt, conspire, or solicit to 27 commit premeditated murder. 28 782.04(3) 1st,PBL Accomplice to murder in 29 connection with arson, sexual 30 battery, robbery, burglary, and 31 other specified felonies. 10 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 782.051(1) 1st Attempted felony murder while 2 perpetrating or attempting to 3 perpetrate a felony enumerated in 4 s. 782.04(3). 5 782.07(2) 1st Aggravated manslaughter of an 6 elderly person or disabled adult. 7 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or 8 reward or as a shield or hostage. 9 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit 10 or facilitate commission of any 11 felony. 12 787.01(1)(a)4. 1st,PBL Kidnapping with intent to 13 interfere with performance of any 14 governmental or political 15 function. 16 787.02(3)(a) 1st False imprisonment; child under 17 age 13; perpetrator also commits 18 aggravated child abuse, sexual 19 battery, or lewd or lascivious 20 battery, molestation, conduct, or 21 exhibition. 22 790.161 1st Attempted capital destructive 23 device offense. 24 790.166(2) 1st,PBL Possessing, selling, using, or 25 attempting to use a weapon of 26 mass destruction. 27 794.011(2) 1st Attempted sexual battery; victim 28 less than 12 years of age. 29 794.011(2) Life Sexual battery; offender younger 30 than 18 years and commits sexual 31 battery on a person less than 12 11 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 years. 2 794.011(4) 1st Sexual battery; victim 12 years 3 or older, certain circumstances. 4 794.011(8)(b) 1st Sexual battery; engage in sexual 5 conduct with minor 12 to 18 years 6 by person in familial or 7 custodial authority. 8 800.04(5)(b) 1st Lewd or lascivious molestation; 9 victim less than 12 years; 10 offender 18 years or older. 11 812.13(2)(a) 1st,PBL Robbery with firearm or other 12 deadly weapon. 13 812.133(2)(a) 1st,PBL Carjacking; firearm or other 14 deadly weapon. 15 812.135(2)(b) 1st Home-invasion robbery with 16 weapon. 17 817.568(7) 2nd,PBL Fraudulent use of personal 18 identification information of an 19 individual under the age of 18 by 20 his or her parent, legal 21 guardian, or person exercising 22 custodial authority. 23 827.03(2) 1st Aggravated child abuse. 24 847.0145(1) 1st Selling, or otherwise 25 transferring custody or control, 26 of a minor. 27 847.0145(2) 1st Purchasing, or otherwise 28 obtaining custody or control, of 29 a minor. 30 859.01 1st Poisoning or introducing 31 bacteria, radioactive materials, 12 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 viruses, or chemical compounds 2 into food, drink, medicine, or 3 water with intent to kill or 4 injure another person. 5 893.135 1st Attempted capital trafficking 6 offense. 7 893.135(1)(a)3. 1st Trafficking in cannabis, more 8 than 10,000 lbs. 9 893.135 10 (1)(b)1.c. 1st Trafficking in cocaine, more than 11 400 grams, less than 150 12 kilograms. 13 893.135 14 (1)(c)1.c. 1st Trafficking in illegal drugs, 15 more than 28 grams, less than 30 16 kilograms. 17 893.135 18 (1)(d)1.c. 1st Trafficking in phencyclidine, 19 more than 400 grams. 20 893.135 21 (1)(e)1.c. 1st Trafficking in methaqualone, more 22 than 25 kilograms. 23 893.135 24 (1)(f)1.c. 1st Trafficking in amphetamine, more 25 than 200 grams. 26 893.135 27 (1)(h)1.c. 1st Trafficking in 28 gamma-hydroxybutyric acid (GHB), 29 10 kilograms or more. 30 893.135 31 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 13 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 kilograms or more. 2 893.135 3 (1)(k)2.c. 1st Trafficking in Phenethylamines, 4 400 grams or more. 5 896.101(5)(c) 1st Money laundering, financial 6 instruments totaling or exceeding 7 $100,000. 8 896.104(4)(a)3. 1st Structuring transactions to evade 9 reporting or registration 10 requirements, financial 11 transactions totaling or 12 exceeding $100,000. 13 Section 6. For the purpose of incorporating the 14 amendment to section 316.193, Florida Statutes, in a reference 15 thereto, subsection (1) of section 316.656, Florida Statutes, 16 is reenacted to read: 17 316.656 Mandatory adjudication; prohibition against 18 accepting plea to lesser included offense.-- 19 (1) Notwithstanding the provisions of s. 948.01, no 20 court may suspend, defer, or withhold adjudication of guilt or 21 imposition of sentence for any violation of s. 316.193, for 22 manslaughter resulting from the operation of a motor vehicle, 23 or for vehicular homicide. 24 Section 7. For the purpose of incorporating the 25 amendment to section 316.193, Florida Statutes, in a reference 26 thereto, paragraph (j) of subsection (3) of section 947.146, 27 Florida Statutes, is reenacted to read: 28 947.146 Control Release Authority.-- 29 (3) Within 120 days prior to the date the state 30 correctional system is projected pursuant to s. 216.136 to 31 exceed 99 percent of total capacity, the authority shall 14 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 determine eligibility for and establish a control release date 2 for an appropriate number of parole ineligible inmates 3 committed to the department and incarcerated within the state 4 who have been determined by the authority to be eligible for 5 discretionary early release pursuant to this section. In 6 establishing control release dates, it is the intent of the 7 Legislature that the authority prioritize consideration of 8 eligible inmates closest to their tentative release date. The 9 authority shall rely upon commitment data on the offender 10 information system maintained by the department to initially 11 identify inmates who are to be reviewed for control release 12 consideration. The authority may use a method of objective 13 risk assessment in determining if an eligible inmate should be 14 released. Such assessment shall be a part of the department's 15 management information system. However, the authority shall 16 have sole responsibility for determining control release 17 eligibility, establishing a control release date, and 18 effectuating the release of a sufficient number of inmates to 19 maintain the inmate population between 99 percent and 100 20 percent of total capacity. Inmates who are ineligible for 21 control release are inmates who are parole eligible or inmates 22 who: 23 (j) Are convicted, or have been previously convicted, 24 of DUI manslaughter under s. 316.193(3)(c)3., and are 25 sentenced, or have been sentenced at any time, as a habitual 26 offender for such offense, or have been sentenced at any time 27 in another jurisdiction as a habitual offender for such 28 offense; 29 30 In making control release eligibility determinations under 31 this subsection, the authority may rely on any document 15 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 leading to or generated during the course of the criminal 2 proceedings, including, but not limited to, any presentence or 3 postsentence investigation or any information contained in 4 arrest reports relating to circumstances of the offense. 5 Section 8. For the purpose of incorporating the 6 amendment to section 316.193, Florida Statutes, in a reference 7 thereto, paragraph (b) of subsection (3) of section 960.03, 8 Florida Statutes, is reenacted to read: 9 960.03 Definitions; ss. 960.01-960.28.--As used in ss. 10 960.01-960.28, unless the context otherwise requires, the 11 term: 12 (3) "Crime" means: 13 (b) A violation of s. 316.193, s. 316.027(1), s. 14 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results 15 in physical injury or death; however, no other act involving 16 the operation of a motor vehicle, boat, or aircraft which 17 results in injury or death shall constitute a crime for the 18 purpose of this chapter unless the injury or death was 19 intentionally inflicted through the use of such vehicle, boat, 20 or aircraft or unless such vehicle, boat, or aircraft is an 21 implement of a crime to which this act applies. 22 Section 9. This act shall take effect October 1, 2005, 23 and shall apply to offenses committed on or after that date. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 Delete everything before the enacting clause 29 30 and insert: 31 A bill to be entitled 16 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 An act relating to homicide of an unborn quick 2 child; amending s. 316.193, F.S.; including the 3 death of an unborn quick child under DUI 4 manslaughter; adopting the definition of viable 5 fetus for purposes of this offense; amending s. 6 782.09, F.S.; providing that killing an unborn 7 quick child by injury to the mother which would 8 be murder in any degree if it resulted in the 9 death of the mother is murder in the same 10 degree; providing penalties; providing that the 11 unlawful killing of an unborn quick child by 12 injury to the mother which would be 13 manslaughter if it resulted in the death of the 14 mother is manslaughter; providing penalties; 15 providing that the death of the mother does not 16 bar 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; adopting the 20 definition of viable fetus for purposes of this 21 offense; amending ss. 435.03 and 435.04, F.S., 22 to conform provisions to changes made by the 23 amendments to s. 782.09, F.S.; reenacting s. 24 921.0022(3)(h) and (i), F.S., relating to the 25 Criminal Punishment Code offense severity 26 ranking chart, to incorporate the amendment to 27 s. 316.193, F.S., in references thereto; 28 reenacting s. 316.656(3), F.S., relating to 29 mandatory adjudication, to incorporate the 30 amendment to s. 316.193, F.S., in a reference 31 thereto; reenacting s. 947.146(3)(j), F.S., 17 2:30 PM 04/27/05 h023303e1d-20-29y
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 233, 1st Eng. Barcode 305800 1 relating to the Control Release Authority, to 2 incorporate the amendment to s. 316.193, F.S., 3 in a reference thereto; reenacting s. 4 960.03(3)(b), F.S., relating to the definition 5 of "crime" under the Florida Crimes 6 Compensation Act, to incorporate the amendment 7 to s. 316.193, F.S., in a reference thereto; 8 providing an effective date. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 18 2:30 PM 04/27/05 h023303e1d-20-29y