Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2108
                        Barcode 903600
                            CHAMBER ACTION
              Senate                               House
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       04/19/2006 09:24 PM         .                    
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11  The Committee on Criminal Justice (Crist) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Sections 316.027 and 316.193, Florida
19  Statutes, may be cited as the "Adam Arnold Act."
20         Section 2.  Subsection (1) of section 316.027, Florida
21  Statutes, is amended to read:
22         316.027  Crash involving death or personal injuries.--
23         (1)(a)  The driver of any vehicle involved in a crash
24  resulting in injury of any person must immediately stop the
25  vehicle at the scene of the crash, or as close thereto as
26  possible, and must remain at the scene of the crash until he
27  or she has fulfilled the requirements of s. 316.062. Any
28  person who willfully violates this paragraph commits is guilty
29  of a felony of the third degree, punishable as provided in s.
30  775.082, s. 775.083, or s. 775.084.
31         (b)  The driver of any vehicle involved in a crash
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    12:40 PM   04/18/06                            s2108d-cj12-k0a

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2108 Barcode 903600 1 resulting in the death of any person must immediately stop the 2 vehicle at the scene of the crash, or as close thereto as 3 possible, and must remain at the scene of the crash until he 4 or she has fulfilled the requirements of s. 316.062. Any 5 person who willfully violates this paragraph commits is guilty 6 of a felony of the second degree, punishable as provided in s. 7 775.082, s. 775.083, or s. 775.084. Any person who willfully 8 violates this paragraph while driving under the influence as 9 set forth in s. 316.193(1) shall be sentenced to a mandatory 10 minimum term of imprisonment of 2 years. 11 (c) Notwithstanding s. 775.089(1)(a), if the driver of 12 a vehicle violates paragraph (a) or paragraph (b), the court 13 shall order the driver to make restitution to the victim for 14 any damage or loss unless the court finds clear and compelling 15 reasons not to order the restitution. Restitution may be 16 monetary or nonmonetary restitution. The court shall make the 17 payment of restitution a condition of probation in accordance 18 with s. 948.03. An order requiring the defendant to make 19 restitution to a victim does not remove or diminish the 20 requirement that the court order payment to the Crimes 21 Compensation Trust Fund pursuant to chapter 960. Payment of an 22 award by the Crimes Compensation Trust Fund creates an order 23 of restitution to the Crimes Compensation Trust Fund unless 24 specifically waived in accordance with s. 775.089(1)(b). 25 Section 3. Subsection (3) of section 316.193, Florida 26 Statutes, is amended to read: 27 316.193 Driving under the influence; penalties.-- 28 (3) Any person: 29 (a) Who is in violation of subsection (1); 30 (b) Who operates a vehicle; and 31 (c) Who, by reason of such operation, causes or 2 12:40 PM 04/18/06 s2108d-cj12-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2108 Barcode 903600 1 contributes to causing: 2 1. Damage to the property or person of another commits 3 a misdemeanor of the first degree, punishable as provided in 4 s. 775.082 or s. 775.083. 5 2. Serious bodily injury to another, as defined in s. 6 316.1933, commits a felony of the third degree, punishable as 7 provided in s. 775.082, s. 775.083, or s. 775.084. 8 3. The death of any human being or unborn quick child 9 commits DUI manslaughter, and commits: 10 a. A felony of the second degree, punishable as 11 provided in s. 775.082, s. 775.083, or s. 775.084. 12 b. A felony of the first degree, punishable as 13 provided in s. 775.082, s. 775.083, or s. 775.084, if: 14 (I) At the time of the crash, the person knew, or 15 should have known, that the crash occurred; and 16 (II) The person failed to give information and render 17 aid as required by s. 316.062. 18 19 For purposes of this subsection, the definition of the term 20 "unborn quick child" shall be determined in accordance with 21 the definition of viable fetus as set forth in s. 782.071. A 22 person who is convicted of DUI manslaughter shall be sentenced 23 to a mandatory minimum term of imprisonment of 4 years. 24 Section 4. Subsection (7) of section 921.0021, Florida 25 Statutes, is amended to read: 26 921.0021 Definitions.--As used in this chapter, for 27 any felony offense, except any capital felony, committed on or 28 after October 1, 1998, the term: 29 (7)(a) "Victim injury" means the physical injury or 30 death suffered by a person as a direct result of the primary 31 offense, or any additional offense, for which an offender is 3 12:40 PM 04/18/06 s2108d-cj12-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2108 Barcode 903600 1 convicted and which is pending before the court for sentencing 2 at the time of the primary offense. 3 (b) Except as provided in paragraph (c) or paragraph 4 (d), 5 1. If the conviction is for an offense involving 6 sexual contact that includes sexual penetration, the sexual 7 penetration must be scored in accordance with the sentence 8 points provided under s. 921.0024 for sexual penetration, 9 regardless of whether there is evidence of any physical 10 injury. 11 2. If the conviction is for an offense involving 12 sexual contact that does not include sexual penetration, the 13 sexual contact must be scored in accordance with the sentence 14 points provided under s. 921.0024 for sexual contact, 15 regardless of whether there is evidence of any physical 16 injury. 17 18 If the victim of an offense involving sexual contact suffers 19 any physical injury as a direct result of the primary offense 20 or any additional offense committed by the offender resulting 21 in conviction, such physical injury must be scored separately 22 and in addition to the points scored for the sexual contact or 23 the sexual penetration. 24 (c) The sentence points provided under s. 921.0024 for 25 sexual contact or sexual penetration may not be assessed for a 26 violation of s. 944.35(3)(b)2. 27 (d) If the conviction is for the offense described in 28 s. 872.06, the sentence points provided under s. 921.0024 for 29 sexual contact or sexual penetration may not be assessed. 30 (e) Notwithstanding paragraph (a), if the conviction 31 is for an offense described in s. 316.027 and the court finds 4 12:40 PM 04/18/06 s2108d-cj12-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2108 Barcode 903600 1 that the offender caused victim injury, sentence points for 2 victim injury may be assessed against the offender. 3 Section 5. This act shall take effect July 1, 2006. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 Delete everything before the enacting clause 9 10 and insert: 11 A bill to be entitled 12 An act relating to vehicular accidents 13 involving death or personal injuries; providing 14 a short title; amending s. 316.027, F.S.; 15 requiring a court to sentence a driver of a 16 vehicle to a minimum term of imprisonment if 17 the person is driving under the influence and 18 leaves the scene of a crash that results in 19 death; requiring a court to order the driver of 20 a vehicle to make restitution to the victim for 21 any damage or loss if a driver leaves the scene 22 of an accident that results in injury or death; 23 requiring a court to make the payment of 24 restitution a condition of probation; providing 25 that an order requiring the defendant to make 26 restitution to a victim does not remove or 27 diminish the requirement that the court order 28 payment to the Crimes Compensation Trust Fund; 29 amending s. 316.193, F.S.; requiring that a 30 person convicted of DUI manslaughter be 31 sentenced to a mandatory minimum term of 5 12:40 PM 04/18/06 s2108d-cj12-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2108 Barcode 903600 1 imprisonment; amending s. 921.0021, F.S.; 2 allowing assessment of victim injury points for 3 certain offenses if the court finds that the 4 offender caused victim injury; providing an 5 effective date. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 12:40 PM 04/18/06 s2108d-cj12-k0a