Senate Bill sb2468c1

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    Florida Senate - 2006                           CS for SB 2468

    By the Committee on Criminal Justice; and Senator Campbell





    591-2458-06

  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         providing a short title; amending s. 316.193,

  4         F.S.; providing that, if a person drives under

  5         the influence of alcohol or a specified

  6         chemical or controlled substance and causes

  7         damage to property or person, serious bodily

  8         injury, or death to another human being or

  9         unborn quick child, a rebuttable presumption is

10         created that the person caused or contributed

11         to causing damage to property or person,

12         serious bodily injury, or death to another

13         human being or unborn quick child; amending s.

14         782.071, F.S.; providing that, if a person

15         drives under the influence of alcohol or a

16         specified chemical or controlled substance, a

17         rebuttable presumption is created that the

18         person operated a motor vehicle in a reckless

19         manner likely to cause death or great bodily

20         harm to another human being; providing an

21         effective date.

22  

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

24  

25         Section 1.  This act may be cited as "Jillian's Law."

26         Section 2.  Subsections (1) and (3) of section 316.193,

27  Florida Statutes, are amended to read:

28         316.193  Driving under the influence; penalties.--

29         (1)  A person commits is guilty of the offense of

30  driving under the influence and is subject to punishment as

31  

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    Florida Senate - 2006                           CS for SB 2468
    591-2458-06




 1  provided in subsection (2) if the person is driving or in

 2  actual physical control of a vehicle within this state and:

 3         (a)  The person is under the influence of alcoholic

 4  beverages, any chemical substance set forth in s. 877.111, or

 5  any substance controlled under chapter 893, when affected to

 6  the extent that the person's normal faculties are impaired;

 7         (b)  The person has a blood-alcohol level of 0.08 or

 8  more grams of alcohol per 100 milliliters of blood; or

 9         (c)  The person has a breath-alcohol level of 0.08 or

10  more grams of alcohol per 210 liters of breath.

11         (3)  Any person:

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

13         (b)  Who operates a vehicle; and

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

15  contributes to causing:

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

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

18  s. 775.082 or s. 775.083.

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

20  316.1933, commits a felony of the third degree, punishable as

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

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

23  commits DUI manslaughter, and commits:

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

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

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

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

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

29  should have known, that the crash occurred; and

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

31  aid as required by s. 316.062.

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    Florida Senate - 2006                           CS for SB 2468
    591-2458-06




 1  

 2  For purposes of this paragraph, any person who violates

 3  subsection (1) creates a rebuttable presumption that he or she

 4  caused or contributed to causing damage to the person or

 5  property of another, serious bodily injury to another, or

 6  death to another human being or unborn quick child.

 7  

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

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

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

11         Section 3.  Section 782.071, Florida Statutes, is

12  amended to read:

13         782.071  Vehicular homicide.--"Vehicular homicide" is

14  the killing of a human being, or the killing of a viable fetus

15  by any injury to the mother, caused by the operation of a

16  motor vehicle by another in a reckless manner likely to cause

17  the death of, or great bodily harm to, another.

18         (1)  Vehicular homicide is:

19         (a)  A felony of the second degree, punishable as

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

21         (b)  A felony of the first degree, punishable as

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

23         1.  At the time of the accident, the person knew, or

24  should have known, that the accident occurred; and

25         2.  The person failed to give information and render

26  aid as required by s. 316.062.

27  

28  This paragraph does not require that the person knew that the

29  accident resulted in injury or death.

30  

31  

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    Florida Senate - 2006                           CS for SB 2468
    591-2458-06




 1         (2)  For purposes of this section, a fetus is viable

 2  when it becomes capable of meaningful life outside the womb

 3  through standard medical measures.

 4         (3)  For purposes of this section, any person who

 5  violates s. 316.193(1) creates a rebuttable presumption that

 6  he or she operated a motor vehicle in a reckless manner likely

 7  to cause death or great bodily harm to a human being.

 8         (4)(3)  A right of action for civil damages shall exist

 9  under s. 768.19, under all circumstances, for all deaths

10  described in this section.

11         (5)(4)  In addition to any other punishment, the court

12  may order the person to serve 120 community service hours in a

13  trauma center or hospital that regularly receives victims of

14  vehicle accidents, under the supervision of a registered

15  nurse, an emergency room physician, or an emergency medical

16  technician pursuant to a voluntary community service program

17  operated by the trauma center or hospital.

18         Section 4.  This act shall take effect July 1, 2006.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 2468

22                                 

23  -    Provides the short title of "Jillian's Law."

24  -    Clarifies the damage must be to a person or property of
         another.
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