Senate Bill sb1934c1
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Florida Senate - 2007 CS for SB 1934
By the Committee on Criminal Justice; and Senator Oelrich
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1 A bill to be entitled
2 An act relating to victims of crime; creating
3 s. 843.21, F.S.; providing a short title;
4 prohibiting the deprivation of medical care to
5 a person injured as a result of criminal
6 activity with the intent to avoid, delay,
7 hinder, or obstruct any investigation of the
8 criminal activity leading to the injury;
9 providing penalties; amending s. 960.03, F.S.;
10 redefining the term "crime" to include the
11 offense of vehicular homicide in the second
12 degree as an eligible offense for which an
13 innocent victim may collect compensation;
14 amending s. 960.065, F.S.; providing that a
15 person who offers testimony of other crimes is
16 eligible to receive a compensation award;
17 amending s. 960.07, F.S.; revising the
18 timeframe to file certain claims for
19 compensation; providing effective dates.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Effective October 1, 2007, section 843.21,
24 Florida Statutes, is created to read:
25 843.21 Depriving person injured by crime of medical
26 care.--
27 (1) This section may be cited as the "Frank Pacheco
28 Aid to Victims Act."
29 (2) A person who takes custody of or exercises control
30 over a person he or she knows to be injured as a result of
31 criminal activity and deprives that person of medical care
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Florida Senate - 2007 CS for SB 1934
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1 with the intent to avoid, delay, hinder, or obstruct any
2 investigation of the criminal activity contributing to the
3 injury commits:
4 (a) If the victim's medical condition worsens as a
5 result of the deprivation of medical care a felony of the
6 third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084.
8 (b) If deprivation of medical care contributes or
9 results in the death of the victim, a felony of the second
10 degree, punishable as provided in s. 775.082, s. 775.083, or
11 s. 775.084.
12 Section 2. Paragraph (b) of subsection (3) of section
13 960.03, Florida Statutes, is amended to read:
14 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
15 960.01-960.28, unless the context otherwise requires, the
16 term:
17 (3) "Crime" means:
18 (b) A violation of s. 316.193, s. 316.027(1), s.
19 327.35(1), s. 782.071 s. 782.071(1)(b), or s. 860.13(1)(a)
20 which results in physical injury or death; however, no other
21 act involving the operation of a motor vehicle, boat, or
22 aircraft which results in injury or death shall constitute a
23 crime for the purpose of this chapter unless the injury or
24 death was intentionally inflicted through the use of such
25 vehicle, boat, or aircraft or unless such vehicle, boat, or
26 aircraft is an implement of a crime to which this act applies.
27 Section 3. Subsection (1) of section 960.065, Florida
28 Statutes, is amended to read:
29 960.065 Eligibility for awards.--
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Florida Senate - 2007 CS for SB 1934
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1 (1) Except as provided in subsection (2), the
2 following persons shall be eligible for awards pursuant to
3 this chapter:
4 (a) A victim.
5 (b) An intervenor.
6 (c) A surviving spouse, parent or guardian, sibling,
7 or child of a deceased victim or intervenor.
8 (d) Any other person who is dependent for his or her
9 principal support upon a deceased victim or intervenor.
10 (e) A person who is or was a victim in another crime
11 or case and whose testimony is proffered under s. 90.404(2).
12 Section 4. Subsection (2) of section 960.07, is
13 amended to read:
14 960.07 Filing of claims for compensation.--
15 (2) Except as provided in subsection (3), a claim must
16 be filed not later than 1 year after:
17 (a) The occurrence of the crime upon which the claim
18 is based.
19 (b) The death of the victim or intervenor.
20 (c) The death of the victim or intervenor is
21 determined to be the result of a crime, and the crime occurred
22 after June 30, 1994.
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24 However, for good cause the department may extend the time for
25 filing for a period not exceeding 2 years after such
26 occurrence. For crimes occurring between June 30, 1994, and
27 June 30, 2007, the department may also extend until June 30,
28 2008, the time for filing if the claimant is a victim of an
29 attempt to commit murder and is rendered a paraplegic
30 requiring life-supporting or life-sustaining equipment as
31 defined in s. 400.925 as a result of the crime.
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Florida Senate - 2007 CS for SB 1934
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1 Section 5. Except as otherwise expressly provided in
2 this act, this act shall take effect July 1, 2007.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 Senate Bill 1934
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7 - Creates two new offenses (third and second degree
felonies) for a person, who takes custody of or exercises
8 control over a person he or she knows to be injured as a
result of criminal activity, to deprive that person of
9 medical care with the intent to avoid, delay, hinder, or
obstruct any investigation of the criminal activity
10 contributing to the injury.
11 - Extends until June 30, 2008, the time for filing a
compensation claim for crimes occurring between June 30,
12 1994, and June 30, 2007, if the claimant is a victim of
an attempt to commit murder and is rendered a paraplegic
13 requiring life-supporting or life-sustaining equipment as
defined in s. 400.925, F.S., as a result of the crime.
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