Senate Bill sb0234c1

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    Florida Senate - 2007                            CS for SB 234

    By the Committee on Criminal Justice; and Senator Posey





    591-2608-07

  1                      A bill to be entitled

  2         An act relating to offenses against unborn

  3         children; providing a short title; amending s.

  4         782.09, F.S.; providing that certain offenses

  5         relating to the killing of an unborn child by

  6         injury to the mother do not require specified

  7         knowledge or intent; providing an effective

  8         date.

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

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12         Section 1.  This act may be cited as the "Florida

13  Unborn Victims of Violence Act."

14         Section 2.  Section 782.09, Florida Statutes, is

15  amended to read:

16         782.09  Killing of unborn quick child by injury to

17  mother.--

18         (1)  The unlawful killing of an unborn quick child, by

19  any injury to the mother of such child which would be murder

20  if it resulted in the death of such mother, shall be deemed

21  murder in the same degree as that which would have been

22  committed against the mother. Any person, other than the

23  mother, who unlawfully kills an unborn quick child by any

24  injury to the mother:

25         (a)  Which would be murder in the first degree

26  constituting a capital felony if it resulted in the mother's

27  death commits murder in the first degree constituting a

28  capital felony, punishable as provided in s. 775.082.

29         (b)  Which would be murder in the second degree if it

30  resulted in the mother's death commits murder in the second

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    Florida Senate - 2007                            CS for SB 234
    591-2608-07




 1  degree, a felony of the first degree, punishable as provided

 2  in s. 775.082, s. 775.083, or s. 775.084.

 3         (c)  Which would be murder in the third degree if it

 4  resulted in the mother's death commits murder in the third

 5  degree, a felony of the second degree, punishable as provided

 6  in s. 775.082, s. 775.083, or s. 775.084.

 7         (2)  The unlawful killing of an unborn quick child by

 8  any injury to the mother of such child which would be

 9  manslaughter if it resulted in the death of such mother shall

10  be deemed manslaughter. A person who unlawfully kills an

11  unborn quick child by any injury to the mother which would be

12  manslaughter if it resulted in the mother's death commits

13  manslaughter, a felony of the second degree, punishable as

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

15         (3)  The death of the mother resulting from the same

16  act or criminal episode that caused the death of the unborn

17  quick child does not bar prosecution under this section.

18         (4)  This section does not authorize the prosecution of

19  any person in connection with a termination of pregnancy

20  pursuant to chapter 390.

21         (5)  For purposes of this section, the definition of

22  the term "unborn quick child" shall be determined in

23  accordance with the definition of viable fetus as set forth in

24  s. 782.071.

25         (6)  An offense under this section does not require

26  that the person engaging in the conduct:

27         (a)  Had knowledge or should have had knowledge that

28  the victim of the underlying offense was pregnant; or

29         (b)  Intended to cause the death of, or bodily injury

30  to, the unborn child.

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    Florida Senate - 2007                            CS for SB 234
    591-2608-07




 1         Section 3.    This act shall take effect October 1,

 2  2007.

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 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 234

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 7  The bill is amended to restore current law with regard to the
    definitions of viable fetus and unborn quick child as those
 8  terms apply to the criminal offenses, the elements of proof of
    which are addressed in the bill.
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