Senate Bill sb0234
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Florida Senate - 2007 SB 234
By Senator Posey
24-330-07 See HB
1 A bill to be entitled
2 An act relating to offenses against unborn
3 children; providing a short title; amending s.
4 782.071, F.S.; defining the term "unborn child"
5 for purposes of vehicular homicide; revising
6 terminology to refer to "unborn child" rather
7 than "viable fetus"; amending s. 782.09, F.S.;
8 revising terminology; providing that certain
9 offenses relating to the killing of an unborn
10 child by injury to the mother do not require
11 specified knowledge or intent; amending ss.
12 316.193, 435.03, 435.04, and 921.0022, F.S.;
13 conforming terminology; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. This act may be cited as the "Florida
19 Unborn Victims of Violence Act."
20 Section 2. Section 782.071, Florida Statutes, is
21 amended to read:
22 782.071 Vehicular homicide.--"Vehicular homicide" is
23 the killing of a human being, or the killing of an unborn
24 child a viable fetus by any injury to the mother, caused by
25 the operation of a motor vehicle by another in a reckless
26 manner likely to cause the death of, or great bodily harm to,
27 another.
28 (1) Vehicular homicide is:
29 (a) A felony of the second degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
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Florida Senate - 2007 SB 234
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1 (b) A felony of the first degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084, if:
3 1. At the time of the accident, the person knew, or
4 should have known, that the accident occurred; and
5 2. The person failed to give information and render
6 aid as required by s. 316.062.
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8 This paragraph does not require that the person knew that the
9 accident resulted in injury or death.
10 (2) For purposes of this section, the term "unborn
11 child" means a member of the species homo sapiens, at any
12 stage of development, who is carried in the womb a fetus is
13 viable when it becomes capable of meaningful life outside the
14 womb through standard medical measures.
15 (3) A right of action for civil damages shall exist
16 under s. 768.19, under all circumstances, for all deaths
17 described in this section.
18 (4) In addition to any other punishment, the court may
19 order the person to serve 120 community service hours in a
20 trauma center or hospital that regularly receives victims of
21 vehicle accidents, under the supervision of a registered
22 nurse, an emergency room physician, or an emergency medical
23 technician pursuant to a voluntary community service program
24 operated by the trauma center or hospital.
25 Section 3. Section 782.09, Florida Statutes, is
26 amended to read:
27 782.09 Killing of unborn quick child by injury to
28 mother.--
29 (1) The unlawful killing of an unborn quick child, by
30 any injury to the mother of such child which would be murder
31 if it resulted in the death of such mother, shall be deemed
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Florida Senate - 2007 SB 234
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1 murder in the same degree as that which would have been
2 committed against the mother. Any person, other than the
3 mother, who unlawfully kills an unborn quick child by any
4 injury to the mother:
5 (a) Which would be murder in the first degree
6 constituting a capital felony if it resulted in the mother's
7 death commits murder in the first degree constituting a
8 capital felony, punishable as provided in s. 775.082.
9 (b) Which would be murder in the second degree if it
10 resulted in the mother's death commits murder in the second
11 degree, a felony of the first degree, punishable as provided
12 in s. 775.082, s. 775.083, or s. 775.084.
13 (c) Which would be murder in the third degree if it
14 resulted in the mother's death commits murder in the third
15 degree, a felony of the second degree, punishable as provided
16 in s. 775.082, s. 775.083, or s. 775.084.
17 (2) The unlawful killing of an unborn quick child by
18 any injury to the mother of such child which would be
19 manslaughter if it resulted in the death of such mother shall
20 be deemed manslaughter. A person who unlawfully kills an
21 unborn quick child by any injury to the mother which would be
22 manslaughter if it resulted in the mother's death commits
23 manslaughter, a felony of the second degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084.
25 (3) The death of the mother resulting from the same
26 act or criminal episode that caused the death of the unborn
27 quick child does not bar prosecution under this section.
28 (4) This section does not authorize the prosecution of
29 any person in connection with a termination of pregnancy
30 pursuant to chapter 390.
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1 (5) For purposes of this section, the definition of
2 the term "unborn quick child" shall be determined in
3 accordance with the definition of an unborn child viable fetus
4 as set forth in s. 782.071.
5 (6) An offense under this section does not require
6 that the person engaging in the conduct:
7 (a) Had knowledge or should have had knowledge that
8 the victim of the underlying offense was pregnant; or
9 (b) Intended to cause the death of, or bodily injury
10 to, the unborn child.
11 Section 4. Subsection (3) of section 316.193, Florida
12 Statutes, is amended to read:
13 316.193 Driving under the influence; penalties.--
14 (3) Any person:
15 (a) Who is in violation of subsection (1);
16 (b) Who operates a vehicle; and
17 (c) Who, by reason of such operation, causes or
18 contributes to causing:
19 1. Damage to the property or person of another commits
20 a misdemeanor of the first degree, punishable as provided in
21 s. 775.082 or s. 775.083.
22 2. Serious bodily injury to another, as defined in s.
23 316.1933, commits a felony of the third degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084.
25 3. The death of any human being or unborn quick child
26 commits DUI manslaughter, and commits:
27 a. A felony of the second degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084.
29 b. A felony of the first degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084, if:
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1 (I) At the time of the crash, the person knew, or
2 should have known, that the crash occurred; and
3 (II) The person failed to give information and render
4 aid as required by s. 316.062.
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6 For purposes of this subsection, the definition of the term
7 "unborn quick child" shall be determined in accordance with
8 the definition of an unborn child viable fetus as set forth in
9 s. 782.071.
10 Section 5. Paragraph (g) of subsection (2) of section
11 435.03, Florida Statutes, is amended to read:
12 435.03 Level 1 screening standards.--
13 (2) Any person for whom employment screening is
14 required by statute must not have been found guilty of,
15 regardless of adjudication, or entered a plea of nolo
16 contendere or guilty to, any offense prohibited under any of
17 the following provisions of the Florida Statutes or under any
18 similar statute of another jurisdiction:
19 (g) Section 782.09, relating to killing of an unborn
20 quick child by injury to the mother.
21 Section 6. Paragraph (g) of subsection (2) of section
22 435.04, Florida Statutes, is amended to read:
23 435.04 Level 2 screening standards.--
24 (2) The security background investigations under this
25 section must ensure that no persons subject to the provisions
26 of this section have been found guilty of, regardless of
27 adjudication, or entered a plea of nolo contendere or guilty
28 to, any offense prohibited under any of the following
29 provisions of the Florida Statutes or under any similar
30 statute of another jurisdiction:
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1 (g) Section 782.09, relating to killing of an unborn
2 quick child by injury to the mother.
3 Section 7. Paragraph (g) of subsection (3) of section
4 921.0022, Florida Statutes, is amended to read:
5 921.0022 Criminal Punishment Code; offense severity
6 ranking chart.--
7 (3) OFFENSE SEVERITY RANKING CHART
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9 Florida Felony Description
10 Statute Degree
11 (g) LEVEL 7
12 316.027(1)(b) 1st Accident involving death, failure
13 to stop; leaving scene.
14 316.193(3)(c)2. 3rd DUI resulting in serious bodily
15 injury.
16 316.1935(3)(b) 1st Causing serious bodily injury or
17 death to another person; driving
18 at high speed or with wanton
19 disregard for safety while
20 fleeing or attempting to elude
21 law enforcement officer who is in
22 a patrol vehicle with siren and
23 lights activated.
24 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
25 bodily injury.
26 402.319(2) 2nd Misrepresentation and negligence
27 or intentional act resulting in
28 great bodily harm, permanent
29 disfiguration, permanent
30 disability, or death.
31 409.920(2) 3rd Medicaid provider fraud.
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1 456.065(2) 3rd Practicing a health care
2 profession without a license.
3 456.065(2) 2nd Practicing a health care
4 profession without a license
5 which results in serious bodily
6 injury.
7 458.327(1) 3rd Practicing medicine without a
8 license.
9 459.013(1) 3rd Practicing osteopathic medicine
10 without a license.
11 460.411(1) 3rd Practicing chiropractic medicine
12 without a license.
13 461.012(1) 3rd Practicing podiatric medicine
14 without a license.
15 462.17 3rd Practicing naturopathy without a
16 license.
17 463.015(1) 3rd Practicing optometry without a
18 license.
19 464.016(1) 3rd Practicing nursing without a
20 license.
21 465.015(2) 3rd Practicing pharmacy without a
22 license.
23 466.026(1) 3rd Practicing dentistry or dental
24 hygiene without a license.
25 467.201 3rd Practicing midwifery without a
26 license.
27 468.366 3rd Delivering respiratory care
28 services without a license.
29 483.828(1) 3rd Practicing as clinical laboratory
30 personnel without a license.
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.013(1)(c) 3rd Preparing or dispensing optical
4 devices without a prescription.
5 484.053 3rd Dispensing hearing aids without a
6 license.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 560.123(8)(b)1. 3rd Failure to report currency or
14 payment instruments exceeding
15 $300 but less than $20,000 by
16 money transmitter.
17 560.125(5)(a) 3rd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments exceeding
20 $300 but less than $20,000.
21 655.50(10)(b)1. 3rd Failure to report financial
22 transactions exceeding $300 but
23 less than $20,000 by financial
24 institution.
25 775.21(10)(a) 3rd Sexual predator; failure to
26 register; failure to renew
27 driver's license or
28 identification card; other
29 registration violations.
30 775.21(10)(b) 3rd Sexual predator working where
31 children regularly congregate.
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1 775.21(10)(g) 3rd Failure to report or providing
2 false information about a sexual
3 predator; harbor or conceal a
4 sexual predator.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or unborn
14 child viable fetus by the
15 operation of a motor vehicle in a
16 reckless manner (vehicular
17 homicide).
18 782.072 2nd Killing of a human being by the
19 operation of a vessel in a
20 reckless manner (vessel
21 homicide).
22 784.045(1)(a)1. 2nd Aggravated battery; intentionally
23 causing great bodily harm or
24 disfigurement.
25 784.045(1)(a)2. 2nd Aggravated battery; using deadly
26 weapon.
27 784.045(1)(b) 2nd Aggravated battery; perpetrator
28 aware victim pregnant.
29 784.048(4) 3rd Aggravated stalking; violation of
30 injunction or court order.
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1 784.048(7) 3rd Aggravated stalking; violation of
2 court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.074(1)(a) 1st Aggravated battery on sexually
6 violent predators facility staff.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 790.165(2) 2nd Manufacture, sell, possess, or
22 deliver hoax bomb.
23 790.165(3) 2nd Possessing, displaying, or
24 threatening to use any hoax bomb
25 while committing or attempting to
26 commit a felony.
27 790.166(3) 2nd Possessing, selling, using, or
28 attempting to use a hoax weapon
29 of mass destruction.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more or a semitrailer
25 deployed by a law enforcement
26 officer; property stolen while
27 causing other property damage;
28 1st degree grand theft.
29 812.014(2)(b)2. 2nd Property stolen, cargo valued at
30 less than $50,000, grand theft in
31 2nd degree.
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1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b) & (3)(b)1st Making false entries of material
22 fact or false statements
23 regarding property values
24 relating to the solvency of an
25 insuring entity which are a
26 significant cause of the
27 insolvency of that entity.
28 825.102(3)(b) 2nd Neglecting an elderly person or
29 disabled adult causing great
30 bodily harm, disability, or
31 disfigurement.
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1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 838.015 2nd Bribery.
15 838.016 2nd Unlawful compensation or reward
16 for official behavior.
17 838.021(3)(a) 2nd Unlawful harm to a public
18 servant.
19 838.22 2nd Bid tampering.
20 847.0135(3) 3rd Solicitation of a child, via a
21 computer service, to commit an
22 unlawful sex act.
23 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than
26 28 grams, less than 200 grams.
27 893.135(1)(c)1.a. 1st Trafficking in illegal drugs,
28 more than 4 grams, less than 14
29 grams.
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1 893.135(1)(d)1. 1st Trafficking in phencyclidine,
2 more than 28 grams, less than 200
3 grams.
4 893.135(1)(e)1. 1st Trafficking in methaqualone, more
5 than 200 grams, less than 5
6 kilograms.
7 893.135(1)(f)1. 1st Trafficking in amphetamine, more
8 than 14 grams, less than 28
9 grams.
10 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4
11 grams or more, less than 14
12 grams.
13 893.135(1)(h)1.a. 1st Trafficking in
14 gamma-hydroxybutyric acid (GHB),
15 1 kilogram or more, less than 5
16 kilograms.
17 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
18 kilogram or more, less than 5
19 kilograms.
20 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines,
21 10 grams or more, less than 200
22 grams.
23 896.101(5)(a) 3rd Money laundering, financial
24 transactions exceeding $300 but
25 less than $20,000.
26 896.104(4)(a)1. 3rd Structuring transactions to evade
27 reporting or registration
28 requirements, financial
29 transactions exceeding $300 but
30 less than $20,000.
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1 943.0435(4)(c) 2nd Sexual offender vacating
2 permanent residence; failure to
3 comply with reporting
4 requirements.
5 943.0435(8) 2nd Sexual offender; remains in state
6 after indicating intent to leave;
7 failure to comply with reporting
8 requirements.
9 943.0435(9)(a) 3rd Sexual offender; failure to
10 comply with reporting
11 requirements.
12 943.0435(13) 3rd Failure to report or providing
13 false information about a sexual
14 offender; harbor or conceal a
15 sexual offender.
16 943.0435(14) 3rd Sexual offender; failure to
17 report and reregister; failure to
18 respond to address verification.
19 944.607(9) 3rd Sexual offender; failure to
20 comply with reporting
21 requirements.
22 944.607(10)(a) 3rd Sexual offender; failure to
23 submit to the taking of a
24 digitized photograph.
25 944.607(12) 3rd Failure to report or providing
26 false information about a sexual
27 offender; harbor or conceal a
28 sexual offender.
29 944.607(13) 3rd Sexual offender; failure to
30 report and reregister; failure to
31 respond to address verification.
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1 Section 8. This act shall take effect October 1,
2 2007.
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