| 1 | A bill to be entitled |
| 2 | An act relating to vehicular incidents involving death or |
| 3 | personal injuries; providing a short title; amending s. |
| 4 | 316.027, F.S.; requiring a court to sentence a driver of a |
| 5 | vehicle to a minimum term of imprisonment if the person is |
| 6 | driving under the influence and leaves the scene of a |
| 7 | crash that results in death; requiring a court to order |
| 8 | the driver of a vehicle to make restitution to the victim |
| 9 | for any damage or loss if a driver leaves the scene of an |
| 10 | accident that results in injury or death; requiring a |
| 11 | court to make the payment of restitution a condition of |
| 12 | probation; providing that an order requiring the defendant |
| 13 | to make restitution to a victim does not remove or |
| 14 | diminish the requirement that the court order payment to |
| 15 | the Crimes Compensation Trust Fund; amending s. 316.193, |
| 16 | F.S.; requiring that a person convicted of DUI |
| 17 | manslaughter be sentenced to a mandatory minimum term of |
| 18 | imprisonment; amending s. 921.0021, F.S.; allowing |
| 19 | assessment of victim injury points for certain offenses if |
| 20 | the court finds that the offender caused victim injury; |
| 21 | providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Sections 316.027 and 316.193, Florida Statutes, |
| 26 | may be cited as the "Adam Arnold Act." |
| 27 | Section 2. Subsection (1) of section 316.027, Florida |
| 28 | Statutes, 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 |
| 31 | resulting in injury of any person must immediately stop the |
| 32 | vehicle at the scene of the crash, or as close thereto as |
| 33 | possible, and must remain at the scene of the crash until he or |
| 34 | she has fulfilled the requirements of s. 316.062. Any person who |
| 35 | willfully violates this paragraph commits is guilty of a felony |
| 36 | of the third degree, punishable as provided in s. 775.082, s. |
| 37 | 775.083, or s. 775.084. |
| 38 | (b) The driver of any vehicle involved in a crash |
| 39 | resulting in the death of any person must immediately stop the |
| 40 | vehicle at the scene of the crash, or as close thereto as |
| 41 | possible, and must remain at the scene of the crash until he or |
| 42 | she has fulfilled the requirements of s. 316.062. Any person who |
| 43 | willfully violates this paragraph commits is guilty of a felony |
| 44 | of the second degree, punishable as provided in s. 775.082, s. |
| 45 | 775.083, or s. 775.084. Any person who willfully violates this |
| 46 | paragraph while driving under the influence as set forth in s. |
| 47 | 316.193(1) shall be sentenced to a mandatory minimum term of |
| 48 | imprisonment of 2 years. |
| 49 | (c) Notwithstanding s. 775.089(1)(a), if the driver of a |
| 50 | vehicle violates paragraph (a) or paragraph (b), the court shall |
| 51 | order the driver to make restitution to the victim for any |
| 52 | damage or loss unless the court finds clear and compelling |
| 53 | reasons not to order the restitution. Restitution may be |
| 54 | monetary or nonmonetary restitution. The court shall make the |
| 55 | payment of restitution a condition of probation in accordance |
| 56 | with s. 948.03. An order requiring the defendant to make |
| 57 | restitution to a victim does not remove or diminish the |
| 58 | requirement that the court order payment to the Crimes |
| 59 | Compensation Trust Fund pursuant to chapter 960. Payment of an |
| 60 | award by the Crimes Compensation Trust Fund creates an order of |
| 61 | restitution to the Crimes Compensation Trust Fund unless |
| 62 | specifically waived in accordance with s. 775.089(1)(b). |
| 63 | Section 3. Subsection (3) of section 316.193, Florida |
| 64 | Statutes, 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 |
| 70 | contributes to causing: |
| 71 | 1. Damage to the property or person of another commits a |
| 72 | misdemeanor of the first degree, punishable as provided in s. |
| 73 | 775.082 or s. 775.083. |
| 74 | 2. Serious bodily injury to another, as defined in s. |
| 75 | 316.1933, commits a felony of the third degree, punishable as |
| 76 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 77 | 3. The death of any human being or unborn quick child |
| 78 | commits DUI manslaughter, and commits: |
| 79 | a. A felony of the second degree, punishable as provided |
| 80 | in s. 775.082, s. 775.083, or s. 775.084. |
| 81 | b. A felony of the first degree, punishable as provided in |
| 82 | s. 775.082, s. 775.083, or s. 775.084, if: |
| 83 | (I) At the time of the crash, the person knew, or should |
| 84 | have known, that the crash occurred; and |
| 85 | (II) The person failed to give information and render aid |
| 86 | as required by s. 316.062. |
| 87 |
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| 88 | For purposes of this subsection, the definition of the term |
| 89 | "unborn quick child" shall be determined in accordance with the |
| 90 | definition of viable fetus as set forth in s. 782.071. A person |
| 91 | who is convicted of DUI manslaughter shall be sentenced to a |
| 92 | mandatory minimum term of imprisonment of 4 years. |
| 93 | Section 4. Subsection (7) of section 921.0021, Florida |
| 94 | Statutes, is amended to read: |
| 95 | 921.0021 Definitions.--As used in this chapter, for any |
| 96 | felony offense, except any capital felony, committed on or after |
| 97 | October 1, 1998, the term: |
| 98 | (7)(a) "Victim injury" means the physical injury or death |
| 99 | suffered by a person as a direct result of the primary offense, |
| 100 | or any additional offense, for which an offender is convicted |
| 101 | and which is pending before the court for sentencing at the time |
| 102 | of 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 |
| 105 | contact that includes sexual penetration, the sexual penetration |
| 106 | must be scored in accordance with the sentence points provided |
| 107 | under s. 921.0024 for sexual penetration, regardless of whether |
| 108 | there is evidence of any physical injury. |
| 109 | 2. If the conviction is for an offense involving sexual |
| 110 | contact that does not include sexual penetration, the sexual |
| 111 | contact must be scored in accordance with the sentence points |
| 112 | provided under s. 921.0024 for sexual contact, regardless of |
| 113 | whether there is evidence of any physical injury. |
| 114 |
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| 115 | If the victim of an offense involving sexual contact suffers any |
| 116 | physical injury as a direct result of the primary offense or any |
| 117 | additional offense committed by the offender resulting in |
| 118 | conviction, such physical injury must be scored separately and |
| 119 | in addition to the points scored for the sexual contact or the |
| 120 | sexual penetration. |
| 121 | (c) The sentence points provided under s. 921.0024 for |
| 122 | sexual contact or sexual penetration may not be assessed for a |
| 123 | violation of s. 944.35(3)(b)2. |
| 124 | (d) If the conviction is for the offense described in s. |
| 125 | 872.06, the sentence points provided under s. 921.0024 for |
| 126 | sexual contact or sexual penetration may not be assessed. |
| 127 | (e) Notwithstanding paragraph (a), if the conviction is |
| 128 | for an offense described in s. 316.027 and the court finds that |
| 129 | the offender caused victim injury, sentence points for victim |
| 130 | injury may be assessed against the offender. |
| 131 | Section 5. This act shall take effect July 1, 2006. |