HB 1193CS

CHAMBER ACTION




1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to driving under the influence; providing
8a short title; amending s. 316.193, F.S.; providing that,
9if a person drives under the influence of alcohol or a
10specified chemical or controlled substance and causes
11damage to property or person, serious bodily injury, or
12death to another human being or unborn quick child, a
13rebuttable presumption is created that the person caused
14or contributed to causing damage to property or person,
15serious bodily injury, or death to another human being or
16unborn quick child; amending s. 782.071, F.S.; providing
17that, if a person drives under the influence of alcohol or
18a specified chemical or controlled substance, a rebuttable
19presumption is created that the person operated a motor
20vehicle in a reckless manner likely to cause death or
21great bodily harm to another human being; providing an
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  This act may be cited as "Jillian's Law."
27     Section 2.  Subsections (1) and (3) of section 316.193,
28Florida 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
31under the influence and is subject to punishment as provided in
32subsection (2) if the person is driving or in actual physical
33control of a vehicle within this state and:
34     (a)  The person is under the influence of alcoholic
35beverages, any chemical substance set forth in s. 877.111, or
36any substance controlled under chapter 893, when affected to the
37extent that the person's normal faculties are impaired;
38     (b)  The person has a blood-alcohol level of 0.08 or more
39grams of alcohol per 100 milliliters of blood; or
40     (c)  The person has a breath-alcohol level of 0.08 or more
41grams 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
46contributes to causing:
47     1.  Damage to the property or person of another commits a
48misdemeanor of the first degree, punishable as provided in s.
49775.082 or s. 775.083.
50     2.  Serious bodily injury to another, as defined in s.
51316.1933, commits a felony of the third degree, punishable as
52provided in s. 775.082, s. 775.083, or s. 775.084.
53     3.  The death of any human being or unborn quick child
54commits DUI manslaughter, and commits:
55     a.  A felony of the second degree, punishable as provided
56in s. 775.082, s. 775.083, or s. 775.084.
57     b.  A felony of the first degree, punishable as provided in
58s. 775.082, s. 775.083, or s. 775.084, if:
59     (I)  At the time of the crash, the person knew, or should
60have known, that the crash occurred; and
61     (II)  The person failed to give information and render aid
62as required by s. 316.062.
63
64For purposes of this paragraph, any person who violates
65subsection (1) creates a rebuttable presumption that he or she
66caused or contributed to causing damage to the person or
67property of another, serious bodily injury to another, or death
68to another human being or unborn quick child.
69
70For purposes of this subsection, the definition of the term
71"unborn quick child" shall be determined in accordance with the
72definition of viable fetus as set forth in s. 782.071.
73     Section 3.  Section 782.071, Florida Statutes, is amended
74to read:
75     782.071  Vehicular homicide.--"Vehicular homicide" is the
76killing of a human being, or the killing of a viable fetus by
77any injury to the mother, caused by the operation of a motor
78vehicle by another in a reckless manner likely to cause the
79death of, or great bodily harm to, another.
80     (1)  Vehicular homicide is:
81     (a)  A felony of the second degree, punishable as provided
82in s. 775.082, s. 775.083, or s. 775.084.
83     (b)  A felony of the first degree, punishable as provided
84in s. 775.082, s. 775.083, or s. 775.084, if:
85     1.  At the time of the accident, the person knew, or should
86have known, that the accident occurred; and
87     2.  The person failed to give information and render aid as
88required by s. 316.062.
89
90This paragraph does not require that the person knew that the
91accident resulted in injury or death.
92     (2)  For purposes of this section, a fetus is viable when
93it becomes capable of meaningful life outside the womb through
94standard medical measures.
95     (3)  For purposes of this section, any person who violates
96s. 316.193(1) creates a rebuttable presumption that he or she
97operated a motor vehicle in a reckless manner likely to cause
98death or great bodily harm to a human being.
99     (4)(3)  A right of action for civil damages shall exist
100under s. 768.19, under all circumstances, for all deaths
101described in this section.
102     (5)(4)  In addition to any other punishment, the court may
103order the person to serve 120 community service hours in a
104trauma center or hospital that regularly receives victims of
105vehicle accidents, under the supervision of a registered nurse,
106an emergency room physician, or an emergency medical technician
107pursuant to a voluntary community service program operated by
108the trauma center or hospital.
109     Section 4.  This act shall take effect July 1, 2006.


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