Senate Bill sb0234

CODING: Words stricken are deletions; words underlined are additions.
    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.

31  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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.

 7  

 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
    24-330-07                                               See HB




 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.

31  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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:

31  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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.

 5  

 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:

31  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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

 8  

 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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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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.

31  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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.

31  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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.

30  

31  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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.

30  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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.

31  

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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 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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    Florida Senate - 2007                                   SB 234
    24-330-07                                               See HB




 1         Section 8.    This act shall take effect October 1,

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