| 1 | The Justice Council recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to unlawful killing of an unborn quick |
| 7 | child; amending s. 316.193, F.S.; including the death of |
| 8 | an unborn quick child under DUI manslaughter; amending s. |
| 9 | 782.09, F.S.; providing that the unlawful killing of an |
| 10 | unborn quick child by injury to the mother that would be |
| 11 | murder in any degree if it resulted in the death of the |
| 12 | mother is murder in the same degree; providing that the |
| 13 | unlawful killing of an unborn quick child by injury to the |
| 14 | mother that would be manslaughter if it resulted in the |
| 15 | death of the mother is manslaughter; providing an |
| 16 | exception for acts by the mother; providing penalties; |
| 17 | providing that the death of the mother does not bar |
| 18 | prosecution under specified circumstances; providing that |
| 19 | the section does not authorize prosecution of a person in |
| 20 | connection with a termination of pregnancy; amending ss. |
| 21 | 435.03 and 435.04, F.S., to conform language to changes |
| 22 | made by this act to s. 782.09, F.S.; reenacting s. |
| 23 | 921.0022(3)(h) and (i), F.S., to incorporate the amendment |
| 24 | to s. 316.193, F.S., in references thereto; reenacting s. |
| 25 | 316.656(1) and (2)(b), F.S., relating to mandatory |
| 26 | adjudication, to incorporate the amendment to s. 316.193, |
| 27 | F.S., in references thereto; reenacting s. 947.146(3)(j), |
| 28 | F.S., relating to the Control Release Authority, to |
| 29 | incorporate the amendment to s. 316.193, F.S., in a |
| 30 | reference thereto; providing applicability; providing an |
| 31 | effective date. |
| 32 |
|
| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
|
| 35 | Section 1. Subsection (3) of section 316.193, Florida |
| 36 | Statutes, is amended to read: |
| 37 | 316.193 Driving under the influence; penalties.-- |
| 38 | (3) Any person: |
| 39 | (a) Who is in violation of subsection (1); |
| 40 | (b) Who operates a vehicle; and |
| 41 | (c) Who, by reason of such operation, causes or |
| 42 | contributes to causing: |
| 43 | 1. Damage to the property or person of another commits a |
| 44 | misdemeanor of the first degree, punishable as provided in s. |
| 45 | 775.082 or s. 775.083. |
| 46 | 2. Serious bodily injury to another, as defined in s. |
| 47 | 316.1933, commits a felony of the third degree, punishable as |
| 48 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 49 | 3. The death of any human being or unborn quick child |
| 50 | commits DUI manslaughter, and commits: |
| 51 | a. A felony of the second degree, punishable as provided |
| 52 | in s. 775.082, s. 775.083, or s. 775.084. |
| 53 | b. A felony of the first degree, punishable as provided in |
| 54 | s. 775.082, s. 775.083, or s. 775.084, if: |
| 55 | (I) At the time of the crash, the person knew, or should |
| 56 | have known, that the crash occurred; and |
| 57 | (II) The person failed to give information and render aid |
| 58 | as required by s. 316.062. |
| 59 | Section 2. Section 782.09, Florida Statutes, is amended to |
| 60 | read: |
| 61 | 782.09 Unlawful killing of unborn quick child by injury to |
| 62 | mother.-- |
| 63 | (1) The unlawful willful killing of an unborn quick child, |
| 64 | by any injury to the mother of such child which would be murder |
| 65 | if it resulted in the death of such mother, shall be deemed |
| 66 | murder in the same degree as that which would have been |
| 67 | committed against the mother. Any person, other than the mother, |
| 68 | who unlawfully kills an unborn quick child by any injury to the |
| 69 | mother: |
| 70 | (a) Which would be murder in the first degree constituting |
| 71 | a capital felony if it resulted in the mother's death commits |
| 72 | murder in the first degree constituting a capital felony, |
| 73 | punishable as provided in s. 775.082. |
| 74 | (b) Which would be murder in the second degree if it |
| 75 | resulted in the mother's death commits murder in the second |
| 76 | degree, a felony of the first degree, punishable as provided in |
| 77 | s. 775.082, s. 775.083, or s. 775.084. |
| 78 | (c) Which would be murder in the third degree if it |
| 79 | resulted in the mother's death commits murder in the third |
| 80 | degree manslaughter, a felony of the second degree, punishable |
| 81 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 82 | (2) The unlawful killing of an unborn quick child by any |
| 83 | injury to the mother of such child which would be manslaughter |
| 84 | if it resulted in the death of such mother shall be deemed |
| 85 | manslaughter. A person who unlawfully kills an unborn quick |
| 86 | child by any injury to the mother which would be manslaughter if |
| 87 | it resulted in the mother's death commits manslaughter, a felony |
| 88 | of the second degree, punishable as provided in s. 775.082, s. |
| 89 | 775.083, or s. 775.084. |
| 90 | (3) The death of the mother resulting from the same act or |
| 91 | criminal episode that caused the death of the unborn quick child |
| 92 | shall not bar prosecution under this section. |
| 93 | (4) This section does not authorize the prosecution of any |
| 94 | person in connection with a termination of pregnancy pursuant to |
| 95 | chapter 390. |
| 96 | Section 3. Paragraph (g) of subsection (2) of section |
| 97 | 435.03, Florida Statutes, is amended, to read: |
| 98 | 435.03 Level 1 screening standards.-- |
| 99 | (2) Any person for whom employment screening is required |
| 100 | by statute must not have been found guilty of, regardless of |
| 101 | adjudication, or entered a plea of nolo contendere or guilty to, |
| 102 | any offense prohibited under any of the following provisions of |
| 103 | the Florida Statutes or under any similar statute of another |
| 104 | jurisdiction: |
| 105 | (g) Section 782.09, relating to killing of an unborn quick |
| 106 | child by injury to the mother. |
| 107 | Section 4. Paragraph (g) of subsection (2) of section |
| 108 | 435.04, Florida Statutes, is amended, to read: |
| 109 | 435.04 Level 2 screening standards.-- |
| 110 | (2) The security background investigations under this |
| 111 | section must ensure that no persons subject to the provisions of |
| 112 | this section have been found guilty of, regardless of |
| 113 | adjudication, or entered a plea of nolo contendere or guilty to, |
| 114 | any offense prohibited under any of the following provisions of |
| 115 | the Florida Statutes or under any similar statute of another |
| 116 | jurisdiction: |
| 117 | (g) Section 782.09, relating to killing of an unborn quick |
| 118 | child by injury to the mother. |
| 119 | Section 5. For the purpose of incorporating the amendment |
| 120 | to section 316.193, Florida Statutes, in references thereto, |
| 121 | paragraphs (h) and (i) of subsection (3) of section 921.0022, |
| 122 | Florida Statutes, are reenacted to read: |
| 123 | 921.0022 Criminal Punishment Code; offense severity |
| 124 | ranking chart.-- |
| 125 | (3) OFFENSE SEVERITY RANKING CHART |
| 126 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 127 |
|
| | |
| 128 |
|
| | | 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
|
| 129 |
|
| | | 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
| 130 |
|
| | | 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
| 131 |
|
| | | 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
|
| 132 |
|
| | | 499.0052 | 1st | Trafficking in contraband legend drugs. |
|
| 133 |
|
| | | 560.123(8)(b)2. | 2nd | Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. |
|
| 134 |
|
| | | 560.125(5)(b) | 2nd | Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. |
|
| 135 |
|
| | | 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
| 136 |
|
| | | 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
| 137 |
|
| | | 782.04(4) | 2nd | Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb. |
|
| 138 |
|
| | | 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
| 139 |
|
| | | 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
| 140 |
|
| | | 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
| 141 |
|
| | | 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
| 142 |
|
| | | 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
| 143 |
|
| | | 800.04(4) | 2nd | Lewd or lascivious battery. |
|
| 144 |
|
| | | 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
| 145 |
|
| | | 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
| 146 |
|
| | | 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
| 147 |
|
| | | 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
| 148 |
|
| | | 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
| 149 |
|
| | | 812.13(2)(b) | 1st | Robbery with a weapon. |
|
| 150 |
|
| | | 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
| 151 |
|
| | | 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
| 152 |
|
| | | 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
|
| 153 |
|
| | | 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
| 154 |
|
| | | 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
| 155 |
|
| | | 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
| 156 |
|
| | | 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
| 157 |
|
| | | 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
| 158 |
|
| | | 860.16 | 1st | Aircraft piracy. |
|
| 159 |
|
| | | 893.13(1)(b) | 1st | Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 160 |
|
| | | 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 161 |
|
| | | 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 162 |
|
| | | 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
| 163 |
|
| | | 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
|
| 164 |
|
| | | 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
| 165 |
|
| | | 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
|
| 166 |
|
| | | 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
| 167 |
|
| | | 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
|
| 168 |
|
| | | 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
| 169 |
|
| | | 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
|
| 170 |
|
| | | 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
|
| 171 |
|
| | | 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
| 172 |
|
| | | 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
| 173 |
|
| | | 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
| 174 |
|
| | | 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
| 175 |
|
| | | 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
| 176 |
|
| | | 896.104(4)(a)2. | 2nd | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. |
|
| 177 |
|
| | |
| 178 |
|
| | | 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
|
| 179 |
|
| | | 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
|
| 180 |
|
| | | 499.0053 | 1st | Sale or purchase of contraband legend drugs resulting in great bodily harm. |
|
| 181 |
|
| | | 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
|
| 182 |
|
| | | 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
|
| 183 |
|
| | | 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
|
| 184 |
|
| | | 775.0844 | 1st | Aggravated white collar crime. |
|
| 185 |
|
| | | 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
|
| 186 |
|
| | | 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
|
| 187 |
|
| | | 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
|
| 188 |
|
| | | 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
|
| 189 |
|
| | | 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
|
| 190 |
|
| | | 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
|
| 191 |
|
| | | 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
|
| 192 |
|
| | | 787.02(3)(a) | 1st | False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
|
| 193 |
|
| | | 790.161 | 1st | Attempted capital destructive device offense. |
|
| 194 |
|
| | | 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
|
| 195 |
|
| | | 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
|
| 196 |
|
| | | 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
|
| 197 |
|
| | | 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
|
| 198 |
|
| | | 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
|
| 199 |
|
| | | 800.04(5)(b) | 1st | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
|
| 200 |
|
| | | 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
|
| 201 |
|
| | | 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
|
| 202 |
|
| | | 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
|
| 203 |
|
| | | 817.568(7) | 2nd,PBL | Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority. |
|
| 204 |
|
| | | 827.03(2) | 1st | Aggravated child abuse. |
|
| 205 |
|
| | | 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
|
| 206 |
|
| | | 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
|
| 207 |
|
| | | 859.01 | 1st | Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person. |
|
| 208 |
|
| | | 893.135 | 1st | Attempted capital trafficking offense. |
|
| 209 |
|
| | | 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
|
| 210 |
|
| | | 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
|
| 211 |
|
| | | 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
|
| 212 |
|
| | | 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
|
| 213 |
|
| | | 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
|
| 214 |
|
| | | 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
|
| 215 |
|
| | | 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
|
| 216 |
|
| | | 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
|
| 217 |
|
| | | 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
|
| 218 |
|
| | | 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
|
| 219 |
|
| | | 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
|
| 220 |
|
| 221 | Section 6. For the purpose of incorporating the amendment |
| 222 | to section 316.193, Florida Statutes, in references thereto, |
| 223 | subsection (1) and paragraph (b) of subsection (2) of section |
| 224 | 316.656, Florida Statutes, are reenacted to read: |
| 225 | 316.656 Mandatory adjudication; prohibition against |
| 226 | accepting plea to lesser included offense.-- |
| 227 | (1) Notwithstanding the provisions of s. 948.01, no court |
| 228 | may suspend, defer, or withhold adjudication of guilt or |
| 229 | imposition of sentence for any violation of s. 316.193, for |
| 230 | manslaughter resulting from the operation of a motor vehicle, or |
| 231 | for vehicular homicide. |
| 232 | (2) |
| 233 | (b) No trial judge may accept a plea of guilty to a lesser |
| 234 | offense from a person charged with a violation of s. 316.193(3), |
| 235 | manslaughter resulting from the operation of a motor vehicle, or |
| 236 | vehicular homicide. |
| 237 | Section 7. For the purpose of incorporating the amendment |
| 238 | to section 316.193, Florida Statutes, in a reference thereto, |
| 239 | paragraph (j) of subsection (3) of section 947.146, Florida |
| 240 | Statutes, is reenacted to read: |
| 241 | 947.146 Control Release Authority.-- |
| 242 | (3) Within 120 days prior to the date the state |
| 243 | correctional system is projected pursuant to s. 216.136 to |
| 244 | exceed 99 percent of total capacity, the authority shall |
| 245 | determine eligibility for and establish a control release date |
| 246 | for an appropriate number of parole ineligible inmates committed |
| 247 | to the department and incarcerated within the state who have |
| 248 | been determined by the authority to be eligible for |
| 249 | discretionary early release pursuant to this section. In |
| 250 | establishing control release dates, it is the intent of the |
| 251 | Legislature that the authority prioritize consideration of |
| 252 | eligible inmates closest to their tentative release date. The |
| 253 | authority shall rely upon commitment data on the offender |
| 254 | information system maintained by the department to initially |
| 255 | identify inmates who are to be reviewed for control release |
| 256 | consideration. The authority may use a method of objective risk |
| 257 | assessment in determining if an eligible inmate should be |
| 258 | released. Such assessment shall be a part of the department's |
| 259 | management information system. However, the authority shall have |
| 260 | sole responsibility for determining control release eligibility, |
| 261 | establishing a control release date, and effectuating the |
| 262 | release of a sufficient number of inmates to maintain the inmate |
| 263 | population between 99 percent and 100 percent of total capacity. |
| 264 | Inmates who are ineligible for control release are inmates who |
| 265 | are parole eligible or inmates who: |
| 266 | (j) Are convicted, or have been previously convicted, of |
| 267 | DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or |
| 268 | have been sentenced at any time, as a habitual offender for such |
| 269 | offense, or have been sentenced at any time in another |
| 270 | jurisdiction as a habitual offender for such offense; |
| 271 |
|
| 272 | In making control release eligibility determinations under this |
| 273 | subsection, the authority may rely on any document leading to or |
| 274 | generated during the course of the criminal proceedings, |
| 275 | including, but not limited to, any presentence or postsentence |
| 276 | investigation or any information contained in arrest reports |
| 277 | relating to circumstances of the offense. |
| 278 | Section 8. This act shall take effect October 1, 2005, and |
| 279 | shall apply to offenses committed on or after that date. |