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