Senate Bill sb2108
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Florida Senate - 2006 SB 2108
By Senator Crist
12-918B-06
1 A bill to be entitled
2 An act relating to driving under the influence;
3 creating the "Adam Arnold Act"; amending s.
4 316.027, F.S.; requiring a court to sentence a
5 driver of a vehicle to a minimum term of
6 imprisonment if the driver, while driving under
7 the influence, leaves the scene of a crash that
8 results in death or personal injuries;
9 requiring a court to order the driver of a
10 vehicle to make restitution to the victim for
11 any damage or loss if a driver leaves the scene
12 of an accident that results in injury or death;
13 requiring a court to make the payment of
14 restitution a condition of probation; providing
15 that an order requiring the defendant to make
16 restitution to a victim does not remove or
17 diminish the requirement that the court order
18 payment to the Crimes Compensation Trust Fund;
19 amending s. 921.0021, F.S.; allowing assessment
20 of victim injury points for certain offenses if
21 the court finds that the offender caused injury
22 to the victim; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. This act may be cited as the "Adam Arnold
27 Act."
28 Section 2. Subsection (1) of section 316.027, Florida
29 Statutes, is amended to read:
30 316.027 Crash involving death or personal injuries.--
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Florida Senate - 2006 SB 2108
12-918B-06
1 (1)(a) The driver of any vehicle involved in a crash
2 resulting in injury of any person must immediately stop the
3 vehicle at the scene of the crash, or as close thereto as
4 possible, and must remain at the scene of the crash until he
5 or she has fulfilled the requirements of s. 316.062. Any
6 person who willfully violates this paragraph commits is guilty
7 of a felony of the third degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084. A driver who, while
9 driving under the influence, willfully violates this paragraph
10 by leaving the scene of the crash shall be sentenced to a
11 minimum mandatory term of incarceration of 4 years.
12 (b) The driver of any vehicle involved in a crash
13 resulting in the death of any person must immediately stop the
14 vehicle at the scene of the crash, or as close thereto as
15 possible, and must remain at the scene of the crash until he
16 or she has fulfilled the requirements of s. 316.062. Any
17 person who willfully violates this paragraph commits is guilty
18 of a felony of the second degree, punishable as provided in s.
19 775.082, s. 775.083, or s. 775.084. A driver who, while
20 driving under the influence, willfully violates this paragraph
21 by leaving the scene of the crash shall be sentenced to a
22 minimum mandatory term of incarceration of 8 years.
23 (c) Notwithstanding s. 775.089(1)(a), if the driver of
24 a vehicle violates paragraph (a) or paragraph (b), the court
25 shall order the driver to make restitution to the victim for
26 any damage or loss unless the court finds clear and compelling
27 reasons not to order the restitution. Restitution may be
28 monetary or nonmonetary restitution. The court shall make the
29 payment of restitution a condition of probation in accordance
30 with s. 948.03. An order requiring the defendant to make
31 restitution to a victim does not remove or diminish the
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Florida Senate - 2006 SB 2108
12-918B-06
1 requirement that the court order payment to the Crimes
2 Compensation Trust Fund pursuant to chapter 960. Payment of an
3 award by the Crimes Compensation Trust Fund creates an order
4 of restitution to the Crimes Compensation Trust Fund, unless
5 specifically waived in accordance with s. 775.089(1)(b).
6 Section 3. Subsection (7) of section 921.0021, Florida
7 Statutes, is amended to read:
8 921.0021 Definitions.--As used in this chapter, for
9 any felony offense, except any capital felony, committed on or
10 after October 1, 1998, the term:
11 (7)(a) "Victim injury" means the physical injury or
12 death suffered by a person as a direct result of the primary
13 offense, or any additional offense, for which an offender is
14 convicted and which is pending before the court for sentencing
15 at the time of the primary offense.
16 (b) Except as provided in paragraph (c) or paragraph
17 (d),
18 1. If the conviction is for an offense involving
19 sexual contact that includes sexual penetration, the sexual
20 penetration must be scored in accordance with the sentence
21 points provided under s. 921.0024 for sexual penetration,
22 regardless of whether there is evidence of any physical
23 injury.
24 2. If the conviction is for an offense involving
25 sexual contact that does not include sexual penetration, the
26 sexual contact must be scored in accordance with the sentence
27 points provided under s. 921.0024 for sexual contact,
28 regardless of whether there is evidence of any physical
29 injury.
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Florida Senate - 2006 SB 2108
12-918B-06
1 If the victim of an offense involving sexual contact suffers
2 any physical injury as a direct result of the primary offense
3 or any additional offense committed by the offender resulting
4 in conviction, such physical injury must be scored separately
5 and in addition to the points scored for the sexual contact or
6 the sexual penetration.
7 (c) The sentence points provided under s. 921.0024 for
8 sexual contact or sexual penetration may not be assessed for a
9 violation of s. 944.35(3)(b)2.
10 (d) If the conviction is for the offense described in
11 s. 872.06, the sentence points provided under s. 921.0024 for
12 sexual contact or sexual penetration may not be assessed.
13 (e) Notwithstanding paragraph (a), if the conviction
14 is for an offense described in s. 316.027 and the court finds
15 that the offender caused victim injury, sentence points for
16 victim injury may be assessed against the offender.
17 Section 4. This act shall take effect July 1, 2006.
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20 SENATE SUMMARY
21 Requires a court to sentence a driver of a vehicle to a
minimum term of imprisonment if the driver, while driving
22 under the influence, leaves the scene of a crash that
results in death or personal injuries. Requires a court
23 to order the driver of a vehicle to make restitution to
the victim for any damage or loss if a driver leaves the
24 scene of an accident that results in injury or death.
Requires a court to make the payment of restitution a
25 condition of probation. Provides that an order requiring
the defendant to make restitution to a victim does not
26 remove or diminish the requirement that the court order
payment to the Crimes Compensation Trust Fund. Allows
27 assessment of victim injury points for certain offenses
if the court finds that the offender caused injury to the
28 victim.
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