1 | A bill to be entitled |
2 | An act relating to driving under the influence; amending |
3 | s. 316.193, F.S.; providing that, if a person drives under |
4 | the influence of alcohol or a specified chemical or |
5 | controlled substance and causes damage to property, |
6 | serious bodily injury, or death to another human being or |
7 | unborn quick child, a rebuttable presumption is created |
8 | that the person caused or contributed to causing damage to |
9 | property, serious bodily injury, or death to another human |
10 | being or unborn quick child; amending s. 782.071, F.S.; |
11 | providing that, if a person drives under the influence of |
12 | alcohol or a specified chemical or controlled substance, a |
13 | rebuttable presumption is created that the person operated |
14 | a motor vehicle in a reckless manner likely to cause death |
15 | or bodily injury to another human being; providing an |
16 | effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Subsections (1) and (3) of section 316.193, |
21 | Florida Statutes, are amended to read: |
22 | 316.193 Driving under the influence; penalties.-- |
23 | (1) A person commits is guilty of the offense of driving |
24 | under the influence and is subject to punishment as provided in |
25 | subsection (2) if the person is driving or in actual physical |
26 | control of a vehicle within this state and: |
27 | (a) The person is under the influence of alcoholic |
28 | beverages, any chemical substance set forth in s. 877.111, or |
29 | any substance controlled under chapter 893, when affected to the |
30 | extent that the person's normal faculties are impaired; |
31 | (b) The person has a blood-alcohol level of 0.08 or more |
32 | grams of alcohol per 100 milliliters of blood; or |
33 | (c) The person has a breath-alcohol level of 0.08 or more |
34 | grams of alcohol per 210 liters of breath. |
35 | (3) Any person: |
36 | (a) Who is in violation of subsection (1); |
37 | (b) Who operates a vehicle; and |
38 | (c) Who, by reason of such operation, causes or |
39 | contributes to causing: |
40 | 1. Damage to the property or person of another commits a |
41 | misdemeanor of the first degree, punishable as provided in s. |
42 | 775.082 or s. 775.083. |
43 | 2. Serious bodily injury to another, as defined in s. |
44 | 316.1933, commits a felony of the third degree, punishable as |
45 | provided in s. 775.082, s. 775.083, or s. 775.084. |
46 | 3. The death of any human being or unborn quick child |
47 | commits DUI manslaughter, and commits: |
48 | a. A felony of the second degree, punishable as provided |
49 | in s. 775.082, s. 775.083, or s. 775.084. |
50 | b. A felony of the first degree, punishable as provided in |
51 | s. 775.082, s. 775.083, or s. 775.084, if: |
52 | (I) At the time of the crash, the person knew, or should |
53 | have known, that the crash occurred; and |
54 | (II) The person failed to give information and render aid |
55 | as required by s. 316.062. |
56 |
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57 | For purposes of this paragraph, any person who violates |
58 | subsection (1) creates a rebuttable presumption that he or she |
59 | caused or contributed to causing damage to property, serious |
60 | bodily injury, or death to another human being or unborn quick |
61 | child. |
62 |
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63 | For purposes of this subsection, the definition of the term |
64 | "unborn quick child" shall be determined in accordance with the |
65 | definition of viable fetus as set forth in s. 782.071. |
66 | Section 2. Section 782.071, Florida Statutes, is amended |
67 | to read: |
68 | 782.071 Vehicular homicide.--"Vehicular homicide" is the |
69 | killing of a human being, or the killing of a viable fetus by |
70 | any injury to the mother, caused by the operation of a motor |
71 | vehicle by another in a reckless manner likely to cause the |
72 | death of, or great bodily harm to, another. |
73 | (1) Vehicular homicide is: |
74 | (a) A felony of the second degree, punishable as provided |
75 | in s. 775.082, s. 775.083, or s. 775.084. |
76 | (b) A felony of the first degree, punishable as provided |
77 | in s. 775.082, s. 775.083, or s. 775.084, if: |
78 | 1. At the time of the accident, the person knew, or should |
79 | have known, that the accident occurred; and |
80 | 2. The person failed to give information and render aid as |
81 | required by s. 316.062. |
82 |
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83 | This paragraph does not require that the person knew that the |
84 | accident resulted in injury or death. |
85 | (2) For purposes of this section, a fetus is viable when |
86 | it becomes capable of meaningful life outside the womb through |
87 | standard medical measures. |
88 | (3) For purposes of this section, any person who violates |
89 | s. 316.193(1) creates a rebuttable presumption that he or she |
90 | operated a motor vehicle in a reckless manner likely to cause |
91 | death or bodily injury to a human being. |
92 | (4)(3) A right of action for civil damages shall exist |
93 | under s. 768.19, under all circumstances, for all deaths |
94 | described in this section. |
95 | (5)(4) In addition to any other punishment, the court may |
96 | order the person to serve 120 community service hours in a |
97 | trauma center or hospital that regularly receives victims of |
98 | vehicle accidents, under the supervision of a registered nurse, |
99 | an emergency room physician, or an emergency medical technician |
100 | pursuant to a voluntary community service program operated by |
101 | the trauma center or hospital. |
102 | Section 3. This act shall take effect July 1, 2006. |