HB 233

1	A bill to be entitled
2	An act relating to homicide of an unborn quick child;
3	amending s. 316.193, F.S.; including the death of an
4	unborn quick child under DUI manslaughter; adopting the
5	definition of viable fetus for purposes of this offense;
6	amending s. 782.09, F.S.; providing that killing an unborn
7	quick child by injury to the mother which would be murder
8	in any degree if it resulted in the death of the mother is
9	murder in the same degree; providing penalties; providing
10	that the unlawful killing of an unborn quick child by
11	injury to the mother which would be manslaughter if it
12	resulted in the death of the mother is manslaughter;
13	providing penalties; providing that the death of the
14	mother does not bar prosecution under specified
15	circumstances; providing that the section does not
16	authorize prosecution of a person in connection with a
17	termination of pregnancy; adopting the definition of
18	viable fetus for purposes of this offense; amending ss.
19	435.03 and 435.04, F.S., to conform provisions to changes
20	made by the amendments to s. 782.09, F.S.; reenacting s.
21	921.0022(3)(h) and (i), F.S., relating to the Criminal
22	Punishment Code offense severity ranking chart, to
23	incorporate the amendment to s. 316.193, F.S., in
24	references thereto; reenacting s. 316.656(3), F.S.,
25	relating to mandatory adjudication, to incorporate the
26	amendment to s. 316.193, F.S., in a reference thereto;
27	reenacting s. 947.146(3)(j), F.S., relating to the Control
28	Release Authority, to incorporate the amendment to s.
29	316.193, F.S., in a reference thereto; reenacting s.
30	960.03(3)(b), F.S., relating to the definition of "crime"
31	"crime" under the Florida Crimes Compensation Act, to
32	incorporate the amendment to s. 316.193, F.S., in a
33	reference thereto; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Subsection (3) of section 316.193, Florida
38	Statutes, is amended to read:
39	316.193  Driving under the influence; penalties.--
40	(3)  Any person:
41	(a)  Who is in violation of subsection (1);
42	(b)  Who operates a vehicle; and
43	(c)  Who, by reason of such operation, causes or
44	contributes to causing:
45	1.  Damage to the property or person of another commits a
46	misdemeanor of the first degree, punishable as provided in s.
47	775.082 or s. 775.083.
48	2.  Serious bodily injury to another, as defined in s.
49	316.1933, commits a felony of the third degree, punishable as
50	provided in s. 775.082, s. 775.083, or s. 775.084.
51	3.  The death of any human being or unborn quick child
52	commits DUI manslaughter, and commits:
53	a.  A felony of the second degree, punishable as provided
54	in s. 775.082, s. 775.083, or s. 775.084.
55	b.  A felony of the first degree, punishable as provided in
56	s. 775.082, s. 775.083, or s. 775.084, if:
57	(I)  At the time of the crash, the person knew, or should
58	have known, that the crash occurred; and
59	(II)  The person failed to give information and render aid
60	as required by s. 316.062.
61
62	For purposes of this subsection, the definition of the term
63	"unborn quick child" shall be determined in accordance with the
64	definition of viable fetus as set forth in s. 782.071.
65	Section 2.  Section 782.09, Florida Statutes, is amended to
66	read:
67	782.09  Killing of unborn quick child by injury to mother.-
68	-
69	(1)  The unlawful willful killing of an unborn quick child,
70	by any injury to the mother of such child which would be murder
71	if it resulted in the death of such mother, shall be deemed
72	murder in the same degree as that which would have been
73	committed against the mother. Any person, other than the mother,
74	who unlawfully kills an unborn quick child by any injury to the
75	mother:
76	(a)  Which would be murder in the first degree constituting
77	a capital felony if it resulted in the mother's death commits
78	murder in the first degree constituting a capital felony,
79	punishable as provided in s. 775.082.
80	(b)  Which would be murder in the second degree if it
81	resulted in the mother's death commits murder in the second
82	degree, a felony of the first degree, punishable as provided in
83	s. 775.082, s. 775.083, or s. 775.084.
84	(c)  Which would be murder in the third degree if it
85	resulted in the mother's death commits murder in the third
86	degree manslaughter, a felony of the second degree, punishable
87	as provided in s. 775.082, s. 775.083, or s. 775.084.
88	(2)  The unlawful killing of an unborn quick child by any
89	injury to the mother of such child which would be manslaughter
90	if it resulted in the death of such mother shall be deemed
91	manslaughter. A person who unlawfully kills an unborn quick
92	child by any injury to the mother which would be manslaughter if
93	it resulted in the mother's death commits manslaughter, a felony
94	of the second degree, punishable as provided in s. 775.082, s.
95	775.083, or s. 775.084.
96	(3)  The death of the mother resulting from the same act or
97	criminal episode that caused the death of the unborn quick child
98	does not bar prosecution under this section.
99	(4)  This section does not authorize the prosecution of any
100	person in connection with a termination of pregnancy pursuant to
101	chapter 390.
102	(5)  For purposes of this section, the definition of the
103	term "unborn quick child" shall be determined in accordance with
104	the definition of viable fetus as set forth in s. 782.071.
105	Section 3.  Paragraph (g) of subsection (2) of section
106	435.03, Florida Statutes, is amended to read:
107	435.03  Level 1 screening standards.--
108	(2)  Any person for whom employment screening is required
109	by statute must not have been found guilty of, regardless of
110	adjudication, or entered a plea of nolo contendere or guilty to,
111	any offense prohibited under any of the following provisions of
112	the Florida Statutes or under any similar statute of another
113	jurisdiction:
114	(g)  Section 782.09, relating to killing of an unborn quick
115	child by injury to the mother.
116	Section 4.  Paragraph (g) of subsection (2) of section
117	435.04, Florida Statutes, is amended to read:
118	435.04  Level 2 screening standards.--
119	(2)  The security background investigations under this
120	section must ensure that no persons subject to the provisions of
121	this section have been found guilty of, regardless of
122	adjudication, or entered a plea of nolo contendere or guilty to,
123	any offense prohibited under any of the following provisions of
124	the Florida Statutes or under any similar statute of another
125	jurisdiction:
126	(g)  Section 782.09, relating to killing of an unborn quick
127	child by injury to the mother.
128	Section 5.  For the purpose of incorporating the amendment
129	to s. 316.193, Florida Statutes, in a reference thereto,
130	paragraphs (h) and (i) of subsection (3) of section 921.0022,
131	Florida Statutes, are reenacted to read:
132	921.0022  Criminal Punishment Code; offense severity
133	ranking chart.--
134	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Felony
135
	Statute Degree Description
136
137
138
	(h)  LEVEL 8
139
	316.193(3)(c)3.a. 2nd DUI manslaughter.
140
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
141
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
142
	499.0051(7) 1st Forgery of prescription or legend drug labels.
143
	499.0052 1st Trafficking in contraband legend drugs.
144
	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.
145
	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.
146
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
147
	777.03(2)(a) 1st Accessory after the fact, capital felony.
148
	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.
149
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
150
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
151
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
152
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
153
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
154
	800.04(4) 2nd Lewd or lascivious battery.
155
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
156
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
157
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
158
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
159
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
160
	812.13(2)(b) 1st Robbery with a weapon.
161
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
162
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
163
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
164
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
165
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
166
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
167
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
168
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
169
	860.16 1st Aircraft piracy.
170
	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).
171
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
172
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
173
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
174
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
175
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
176
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
177
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
178
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
179
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
180
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
181
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
182
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
183
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
184
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
185
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
186
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
187
	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.
188
	(i)  LEVEL 9
189
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
190
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
191
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
192
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
193
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
194
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
195
	775.0844 1st Aggravated white collar crime.
196
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
197
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
198
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
199
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
200
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
201
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
202
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
203
	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.
204
	790.161 1st Attempted capital destructive device offense.
205
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
206
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
207
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
208
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
209
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
210
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
211
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
212
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
213
	812.135(2)(b) 1st Home-invasion robbery with weapon.
214
	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.
215
	827.03(2) 1st Aggravated child abuse.
216
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
217
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
218
	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.
219
	893.135 1st Attempted capital trafficking offense.
220
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
221
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
222
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
223
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
224
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
225
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
226
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
227
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
228
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
229
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
230
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
231
232
233	Section 6.  For the purpose of incorporating the amendment
234	to section 316.193, Florida Statutes, in a reference thereto,
235	subsection (1) of section 316.656, Florida Statutes, is
236	reenacted to read:
237	316.656  Mandatory adjudication; prohibition against
238	accepting plea to lesser included offense.--
239	(1)  Notwithstanding the provisions of s. 948.01, no court
240	may suspend, defer, or withhold adjudication of guilt or
241	imposition of sentence for any violation of s. 316.193, for
242	manslaughter resulting from the operation of a motor vehicle, or
243	for vehicular homicide.
244	Section 7.  For the purpose of incorporating the amendment
245	to section 316.193, Florida Statutes, in a reference thereto,
246	paragraph (j) of subsection (3) of section 947.146, Florida
247	Statutes, is reenacted to read:
248	947.146  Control Release Authority.--
249	(3)  Within 120 days prior to the date the state
250	correctional system is projected pursuant to s. 216.136 to
251	exceed 99 percent of total capacity, the authority shall
252	determine eligibility for and establish a control release date
253	for an appropriate number of parole ineligible inmates committed
254	to the department and incarcerated within the state who have
255	been determined by the authority to be eligible for
256	discretionary early release pursuant to this section. In
257	establishing control release dates, it is the intent of the
258	Legislature that the authority prioritize consideration of
259	eligible inmates closest to their tentative release date. The
260	authority shall rely upon commitment data on the offender
261	information system maintained by the department to initially
262	identify inmates who are to be reviewed for control release
263	consideration. The authority may use a method of objective risk
264	assessment in determining if an eligible inmate should be
265	released. Such assessment shall be a part of the department's
266	management information system. However, the authority shall have
267	sole responsibility for determining control release eligibility,
268	establishing a control release date, and effectuating the
269	release of a sufficient number of inmates to maintain the inmate
270	population between 99 percent and 100 percent of total capacity.
271	Inmates who are ineligible for control release are inmates who
272	are parole eligible or inmates who:
273	(j)  Are convicted, or have been previously convicted, of
274	DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
275	have been sentenced at any time, as a habitual offender for such
276	offense, or have been sentenced at any time in another
277	jurisdiction as a habitual offender for such offense;
278
279	In making control release eligibility determinations under this
280	subsection, the authority may rely on any document leading to or
281	generated during the course of the criminal proceedings,
282	including, but not limited to, any presentence or postsentence
283	investigation or any information contained in arrest reports
284	relating to circumstances of the offense.
285	Section 8.  For the purpose of incorporating the amendment
286	to section 316.193, Florida Statutes, in a reference thereto,
287	paragraph (b) of subsection (3) of section 960.03, Florida
288	Statutes, is reenacted to read:
289	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
290	960.01-960.28, unless the context otherwise requires, the term:
291	(3)  "Crime" means:
292	(b)  A violation of s. 316.193, s. 316.027(1), s.
293	327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
294	physical injury or death; however, no other act involving the
295	operation of a motor vehicle, boat, or aircraft which results in
296	injury or death shall constitute a crime for the purpose of this
297	chapter unless the injury or death was intentionally inflicted
298	through the use of such vehicle, boat, or aircraft or unless
299	such vehicle, boat, or aircraft is an implement of a crime to
300	which this act applies.
301	Section 9.  This act shall take effect October 1, 2005, and
302	shall apply to offenses committed on or after that date.

CODING: Words stricken are deletions; words underlined are additions.