Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 631328
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Argenziano) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause,
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17 and insert:
18 Section 1. This act may be cited as the "Florida
19 Unborn Victims of Violence Act."
20 Section 2. Section 782.09, Florida Statutes, is
21 amended to read:
22 782.09 Killing of unborn quick child by injury to
23 mother.--
24 (1) The unlawful killing of an unborn quick child, by
25 any injury to the mother of such child which would be murder
26 if it resulted in the death of such mother, shall be deemed
27 murder in the same degree as that which would have been
28 committed against the mother. Any person, other than the
29 mother, who unlawfully kills an unborn quick child by any
30 injury to the mother:
31 (a) Which would be murder in the first degree
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 631328
1 constituting a capital felony if it resulted in the mother's
2 death commits murder in the first degree constituting a
3 capital felony, punishable as provided in s. 775.082.
4 (b) Which would be murder in the second degree if it
5 resulted in the mother's death commits murder in the second
6 degree, a felony of the first degree, punishable as provided
7 in s. 775.082, s. 775.083, or s. 775.084.
8 (c) Which would be murder in the third degree if it
9 resulted in the mother's death commits murder in the third
10 degree, a felony of the second degree, punishable as provided
11 in s. 775.082, s. 775.083, or s. 775.084.
12 (2) The unlawful killing of an unborn quick child by
13 any injury to the mother of such child which would be
14 manslaughter if it resulted in the death of such mother shall
15 be deemed manslaughter. A person who unlawfully kills an
16 unborn quick child by any injury to the mother which would be
17 manslaughter if it resulted in the mother's death commits
18 manslaughter, a felony of the second degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084.
20 (3) The death of the mother resulting from the same
21 act or criminal episode that caused the death of the unborn
22 quick child does not bar prosecution under this section.
23 (4) This section does not authorize the prosecution of
24 any person in connection with a termination of pregnancy
25 pursuant to chapter 390.
26 (5) For purposes of this section, the definition of
27 the term "unborn quick child" shall be determined in
28 accordance with the definition of viable fetus as set forth in
29 s. 782.071.
30 (6) An offense under this section does not require
31 that the person engaging in the conduct:
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 631328
1 (a) Had knowledge or should have had knowledge that
2 the victim of the underlying offense was pregnant; or
3 (b) Intended to cause the death of, or bodily injury
4 to, the unborn quick child.
5 Section 3. This act shall take effect October 1, 2007.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On Page 1, lines 3-13, delete those lines
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12 and insert:
13 quick children; providing a short title;
14 amending s. 782.09, F.S.; providing that
15 certain offenses relating to the killing of an
16 unborn quick child by injury to the mother do
17 not require specified knowledge or intent;
18 providing an effective
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