| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to driving under the influence; amending |
| 7 | s. 316.193, F.S.; providing that, if a person drives under |
| 8 | the influence of alcohol or a specified chemical or |
| 9 | controlled substance and causes damage to property or |
| 10 | person, serious bodily injury, or death to another human |
| 11 | being or unborn quick child, a rebuttable presumption is |
| 12 | created that the person caused or contributed to causing |
| 13 | damage to property or person, serious bodily injury, or |
| 14 | death to another human being or unborn quick child; |
| 15 | amending s. 782.071, F.S.; providing that, if a person |
| 16 | drives under the influence of alcohol or a specified |
| 17 | chemical or controlled substance, a rebuttable presumption |
| 18 | is created that the person operated a motor vehicle in a |
| 19 | reckless manner likely to cause death or great bodily harm |
| 20 | to another human being; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsections (1) and (3) of section 316.193, |
| 25 | Florida Statutes, are amended to read: |
| 26 | 316.193 Driving under the influence; penalties.-- |
| 27 | (1) A person commits is guilty of the offense of driving |
| 28 | under the influence and is subject to punishment as provided in |
| 29 | subsection (2) if the person is driving or in actual physical |
| 30 | control of a vehicle within this state and: |
| 31 | (a) The person is under the influence of alcoholic |
| 32 | beverages, any chemical substance set forth in s. 877.111, or |
| 33 | any substance controlled under chapter 893, when affected to the |
| 34 | extent that the person's normal faculties are impaired; |
| 35 | (b) The person has a blood-alcohol level of 0.08 or more |
| 36 | grams of alcohol per 100 milliliters of blood; or |
| 37 | (c) The person has a breath-alcohol level of 0.08 or more |
| 38 | grams of alcohol per 210 liters of breath. |
| 39 | (3) Any person: |
| 40 | (a) Who is in violation of subsection (1); |
| 41 | (b) Who operates a vehicle; and |
| 42 | (c) Who, by reason of such operation, causes or |
| 43 | contributes to causing: |
| 44 | 1. Damage to the property or person of another commits a |
| 45 | misdemeanor of the first degree, punishable as provided in s. |
| 46 | 775.082 or s. 775.083. |
| 47 | 2. Serious bodily injury to another, as defined in s. |
| 48 | 316.1933, commits a felony of the third degree, punishable as |
| 49 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 50 | 3. The death of any human being or unborn quick child |
| 51 | commits DUI manslaughter, and commits: |
| 52 | a. A felony of the second degree, punishable as provided |
| 53 | in s. 775.082, s. 775.083, or s. 775.084. |
| 54 | b. A felony of the first degree, punishable as provided in |
| 55 | s. 775.082, s. 775.083, or s. 775.084, if: |
| 56 | (I) At the time of the crash, the person knew, or should |
| 57 | have known, that the crash occurred; and |
| 58 | (II) The person failed to give information and render aid |
| 59 | as required by s. 316.062. |
| 60 |
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| 61 | For purposes of this paragraph, any person who violates |
| 62 | subsection (1) creates a rebuttable presumption that he or she |
| 63 | caused or contributed to causing damage to the person or |
| 64 | property of another, serious bodily injury to another, or death |
| 65 | to another human being or unborn quick child. |
| 66 |
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| 67 | For purposes of this subsection, the definition of the term |
| 68 | "unborn quick child" shall be determined in accordance with the |
| 69 | definition of viable fetus as set forth in s. 782.071. |
| 70 | Section 2. Section 782.071, Florida Statutes, is amended |
| 71 | to read: |
| 72 | 782.071 Vehicular homicide.--"Vehicular homicide" is the |
| 73 | killing of a human being, or the killing of a viable fetus by |
| 74 | any injury to the mother, caused by the operation of a motor |
| 75 | vehicle by another in a reckless manner likely to cause the |
| 76 | death of, or great bodily harm to, another. |
| 77 | (1) Vehicular homicide is: |
| 78 | (a) A felony of the second degree, punishable as provided |
| 79 | in s. 775.082, s. 775.083, or s. 775.084. |
| 80 | (b) A felony of the first degree, punishable as provided |
| 81 | in s. 775.082, s. 775.083, or s. 775.084, if: |
| 82 | 1. At the time of the accident, the person knew, or should |
| 83 | have known, that the accident occurred; and |
| 84 | 2. The person failed to give information and render aid as |
| 85 | required by s. 316.062. |
| 86 |
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| 87 | This paragraph does not require that the person knew that the |
| 88 | accident resulted in injury or death. |
| 89 | (2) For purposes of this section, a fetus is viable when |
| 90 | it becomes capable of meaningful life outside the womb through |
| 91 | standard medical measures. |
| 92 | (3) For purposes of this section, any person who violates |
| 93 | s. 316.193(1) creates a rebuttable presumption that he or she |
| 94 | operated a motor vehicle in a reckless manner likely to cause |
| 95 | death or great bodily harm to a human being. |
| 96 | (4)(3) A right of action for civil damages shall exist |
| 97 | under s. 768.19, under all circumstances, for all deaths |
| 98 | described in this section. |
| 99 | (5)(4) In addition to any other punishment, the court may |
| 100 | order the person to serve 120 community service hours in a |
| 101 | trauma center or hospital that regularly receives victims of |
| 102 | vehicle accidents, under the supervision of a registered nurse, |
| 103 | an emergency room physician, or an emergency medical technician |
| 104 | pursuant to a voluntary community service program operated by |
| 105 | the trauma center or hospital. |
| 106 | Section 3. This act shall take effect July 1, 2006. |