HB 1169

1
A bill to be entitled
2An act relating to vehicular accidents involving death or
3personal injuries; providing a short title; amending s.
4316.027, F.S.; requiring a court to sentence a driver of a
5vehicle to a minimum term of imprisonment if the person is
6driving under the influence and leaves the scene of a
7crash that results in death; requiring a court to order
8the driver of a vehicle to make restitution to the victim
9for any damage or loss if a driver leaves the scene of an
10accident that results in injury or death; requiring a
11court to make the payment of restitution a condition of
12probation; providing that an order requiring the defendant
13to make restitution to a victim does not remove or
14diminish the requirement that the court order payment to
15the Crimes Compensation Trust Fund; amending s. 316.193,
16F.S.; requiring that a person convicted of DUI
17manslaughter be sentenced to a mandatory minimum term of
18imprisonment; amending s. 921.0021, F.S.; allowing
19assessment of victim injury points for certain offenses if
20the court finds that the offender caused victim injury;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Sections 316.027 and 316.193, Florida Statutes,
26may be cited as the "Adam Arnold Act."
27     Section 2.  Subsection (1) of section 316.027, Florida
28Statutes, is amended to read:
29     316.027  Crash involving death or personal injuries.--
30     (1)(a)  The driver of any vehicle involved in a crash
31resulting in injury of any person must immediately stop the
32vehicle at the scene of the crash, or as close thereto as
33possible, and must remain at the scene of the crash until he or
34she has fulfilled the requirements of s. 316.062. Any person who
35willfully violates this paragraph commits is guilty of a felony
36of the third degree, punishable as provided in s. 775.082, s.
37775.083, or s. 775.084.
38     (b)  The driver of any vehicle involved in a crash
39resulting in the death of any person must immediately stop the
40vehicle at the scene of the crash, or as close thereto as
41possible, and must remain at the scene of the crash until he or
42she has fulfilled the requirements of s. 316.062. Any person who
43willfully violates this paragraph commits is guilty of a felony
44of the second degree, punishable as provided in s. 775.082, s.
45775.083, or s. 775.084. Any person who willfully violates this
46paragraph while driving under the influence as set forth in s.
47316.193(1) shall be sentenced to a mandatory minimum term of
48imprisonment of 2 years.
49     (c)  Notwithstanding s. 775.089(1)(a), if the driver of a
50vehicle violates paragraph (a) or paragraph (b), the court shall
51order the driver to make restitution to the victim for any
52damage or loss unless the court finds clear and compelling
53reasons not to order the restitution. Restitution may be
54monetary or nonmonetary restitution. The court shall make the
55payment of restitution a condition of probation in accordance
56with s. 948.03. An order requiring the defendant to make
57restitution to a victim does not remove or diminish the
58requirement that the court order payment to the Crimes
59Compensation Trust Fund pursuant to chapter 960. Payment of an
60award by the Crimes Compensation Trust Fund creates an order of
61restitution to the Crimes Compensation Trust Fund unless
62specifically waived in accordance with s. 775.089(1)(b).
63     Section 3.  Subsection (3) of section 316.193, Florida
64Statutes, is amended to read:
65     316.193  Driving under the influence; penalties.--
66     (3)  Any person:
67     (a)  Who is in violation of subsection (1);
68     (b)  Who operates a vehicle; and
69     (c)  Who, by reason of such operation, causes or
70contributes to causing:
71     1.  Damage to the property or person of another commits a
72misdemeanor of the first degree, punishable as provided in s.
73775.082 or s. 775.083.
74     2.  Serious bodily injury to another, as defined in s.
75316.1933, commits a felony of the third degree, punishable as
76provided in s. 775.082, s. 775.083, or s. 775.084.
77     3.  The death of any human being or unborn quick child
78commits DUI manslaughter, and commits:
79     a.  A felony of the second degree, punishable as provided
80in s. 775.082, s. 775.083, or s. 775.084.
81     b.  A felony of the first degree, punishable as provided in
82s. 775.082, s. 775.083, or s. 775.084, if:
83     (I)  At the time of the crash, the person knew, or should
84have known, that the crash occurred; and
85     (II)  The person failed to give information and render aid
86as required by s. 316.062.
87
88For purposes of this subsection, the definition of the term
89"unborn quick child" shall be determined in accordance with the
90definition of viable fetus as set forth in s. 782.071. A person
91who is convicted of DUI manslaughter shall be sentenced to a
92mandatory minimum term of imprisonment of 4 years.
93     Section 4.  Subsection (7) of section 921.0021, Florida
94Statutes, is amended to read:
95     921.0021  Definitions.--As used in this chapter, for any
96felony offense, except any capital felony, committed on or after
97October 1, 1998, the term:
98     (7)(a)  "Victim injury" means the physical injury or death
99suffered by a person as a direct result of the primary offense,
100or any additional offense, for which an offender is convicted
101and which is pending before the court for sentencing at the time
102of the primary offense.
103     (b)  Except as provided in paragraph (c) or paragraph (d),
104     1.  If the conviction is for an offense involving sexual
105contact that includes sexual penetration, the sexual penetration
106must be scored in accordance with the sentence points provided
107under s. 921.0024 for sexual penetration, regardless of whether
108there is evidence of any physical injury.
109     2.  If the conviction is for an offense involving sexual
110contact that does not include sexual penetration, the sexual
111contact must be scored in accordance with the sentence points
112provided under s. 921.0024 for sexual contact, regardless of
113whether there is evidence of any physical injury.
114
115If the victim of an offense involving sexual contact suffers any
116physical injury as a direct result of the primary offense or any
117additional offense committed by the offender resulting in
118conviction, such physical injury must be scored separately and
119in addition to the points scored for the sexual contact or the
120sexual penetration.
121     (c)  The sentence points provided under s. 921.0024 for
122sexual contact or sexual penetration may not be assessed for a
123violation of s. 944.35(3)(b)2.
124     (d)  If the conviction is for the offense described in s.
125872.06, the sentence points provided under s. 921.0024 for
126sexual contact or sexual penetration may not be assessed.
127     (e)  Notwithstanding paragraph (a), if the conviction is
128for an offense described in s. 316.027 and the court finds that
129the offender caused victim injury, sentence points for victim
130injury may be assessed against the offender.
131     Section 5.  This act shall take effect July 1, 2006.


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