Senate Bill sb2108c1

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    Florida Senate - 2006                           CS for SB 2108

    By the Committee on Criminal Justice; and Senator Crist





    591-2322-06

  1                      A bill to be entitled

  2         An act relating to vehicular accidents

  3         involving death or personal injuries; providing

  4         a short title; amending s. 316.027, F.S.;

  5         requiring a court to sentence a driver of a

  6         vehicle to a minimum term of imprisonment if

  7         the person is driving under the influence and

  8         leaves the scene of a crash that results in

  9         death; requiring a court to order the driver of

10         a 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. 316.193, F.S.; requiring that a

20         person convicted of DUI manslaughter be

21         sentenced to a mandatory minimum term of

22         imprisonment; amending s. 921.0021, F.S.;

23         allowing assessment of victim injury points for

24         certain offenses if the court finds that the

25         offender caused victim injury; providing an

26         effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Sections 316.027 and 316.193, Florida

31  Statutes, may be cited as the "Adam Arnold Act."

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    Florida Senate - 2006                           CS for SB 2108
    591-2322-06




 1         Section 2.  Subsection (1) of section 316.027, Florida

 2  Statutes, is amended to read:

 3         316.027  Crash involving death or personal injuries.--

 4         (1)(a)  The driver of any vehicle involved in a crash

 5  resulting in injury of any person must immediately stop the

 6  vehicle at the scene of the crash, or as close thereto as

 7  possible, and must remain at the scene of the crash until he

 8  or she has fulfilled the requirements of s. 316.062. Any

 9  person who willfully violates this paragraph commits is guilty

10  of a felony of the third degree, punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084.

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. Any person who willfully

20  violates this paragraph while driving under the influence as

21  set forth in s. 316.193(1) shall be sentenced to a mandatory

22  minimum term of imprisonment of 2 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                           CS for SB 2108
    591-2322-06




 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 (3) of section 316.193, Florida

 7  Statutes, is amended to read:

 8         316.193  Driving under the influence; penalties.--

 9         (3)  Any person:

10         (a)  Who is in violation of subsection (1);

11         (b)  Who operates a vehicle; and

12         (c)  Who, by reason of such operation, causes or

13  contributes to causing:

14         1.  Damage to the property or person of another commits

15  a misdemeanor of the first degree, punishable as provided in

16  s. 775.082 or s. 775.083.

17         2.  Serious bodily injury to another, as defined in s.

18  316.1933, commits a felony of the third degree, punishable as

19  provided in s. 775.082, s. 775.083, or s. 775.084.

20         3.  The death of any human being or unborn quick child

21  commits DUI manslaughter, and commits:

22         a.  A felony of the second degree, punishable as

23  provided in s. 775.082, s. 775.083, or s. 775.084.

24         b.  A felony of the first degree, punishable as

25  provided in s. 775.082, s. 775.083, or s. 775.084, if:

26         (I)  At the time of the crash, the person knew, or

27  should have known, that the crash occurred; and

28         (II)  The person failed to give information and render

29  aid as required by s. 316.062.

30  

31  

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    Florida Senate - 2006                           CS for SB 2108
    591-2322-06




 1  For purposes of this subsection, the definition of the term

 2  "unborn quick child" shall be determined in accordance with

 3  the definition of viable fetus as set forth in s. 782.071. A

 4  person who is convicted of DUI manslaughter shall be sentenced

 5  to a mandatory minimum term of imprisonment of 4 years.

 6         Section 4.  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.

30  

31  

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    Florida Senate - 2006                           CS for SB 2108
    591-2322-06




 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 5.  This act shall take effect July 1, 2006.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2108

21                                 

22  -    The Committee Substitute revises the minimum mandatory
         sentence for leaving the scene of an accident involving
23       death, while driving under the influence, from 4 years to
         2 years.
24  
    -    Likewise, the minimum mandatory sentence for DUI
25       manslaughter is revised from 8 years to 4 years.

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