HB 71

1	A bill to be entitled
2	An act relating to offenses against unborn children;
3	providing a short title; amending s. 782.071, F.S.;
4	defining the term "unborn child" for purposes of vehicular
5	homicide; revising terminology to refer to "unborn child"
6	rather than "viable fetus"; amending s. 782.09, F.S.;
7	revising terminology; providing that certain offenses
8	relating to the killing of an unborn child by injury to
9	the mother do not require specified knowledge or intent;
10	amending ss. 316.193, 435.03, 435.04, and 921.0022, F.S.;
11	conforming terminology; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  This act may be cited as the "Florida Unborn
16	Victims of Violence Act."
17	Section 2.  Section 782.071, Florida Statutes, is amended
18	to read:
19	782.071  Vehicular homicide.--"Vehicular homicide" is the
20	killing of a human being, or the killing of an unborn child a
21	viable fetus by any injury to the mother, caused by the
22	operation of a motor vehicle by another in a reckless manner
23	likely to cause the death of, or great bodily harm to, another.
24	(1)  Vehicular homicide is:
25	(a)  A felony of the second degree, punishable as provided
26	in s. 775.082, s. 775.083, or s. 775.084.
27	(b)  A felony of the first degree, punishable as provided
28	in s. 775.082, s. 775.083, or s. 775.084, if:
29	1.  At the time of the accident, the person knew, or should
30	have known, that the accident occurred; and
31	2.  The person failed to give information and render aid as
32	required by s. 316.062.
33
34	This paragraph does not require that the person knew that the
35	accident resulted in injury or death.
36	(2)  For purposes of this section, the term "unborn child"
37	means a member of the species homo sapiens, at any stage of
38	development, who is carried in the womb a fetus is viable when
39	it becomes capable of meaningful life outside the womb through
40	standard medical measures.
41	(3)  A right of action for civil damages shall exist under
42	s. 768.19, under all circumstances, for all deaths described in
43	this section.
44	(4)  In addition to any other punishment, the court may
45	order the person to serve 120 community service hours in a
46	trauma center or hospital that regularly receives victims of
47	vehicle accidents, under the supervision of a registered nurse,
48	an emergency room physician, or an emergency medical technician
49	pursuant to a voluntary community service program operated by
50	the trauma center or hospital.
51	Section 3.  Section 782.09, Florida Statutes, is amended to
52	read:
53	782.09  Killing of unborn quick child by injury to
54	mother.--
55	(1)  The unlawful killing of an unborn quick child, by any
56	injury to the mother of such child which would be murder if it
57	resulted in the death of such mother, shall be deemed murder in
58	the same degree as that which would have been committed against
59	the mother. Any person, other than the mother, who unlawfully
60	kills an unborn quick child by any injury to the mother:
61	(a)  Which would be murder in the first degree constituting
62	a capital felony if it resulted in the mother's death commits
63	murder in the first degree constituting a capital felony,
64	punishable as provided in s. 775.082.
65	(b)  Which would be murder in the second degree if it
66	resulted in the mother's death commits murder in the second
67	degree, a felony of the first degree, punishable as provided in
68	s. 775.082, s. 775.083, or s. 775.084.
69	(c)  Which would be murder in the third degree if it
70	resulted in the mother's death commits murder in the third
71	degree, a felony of the second degree, punishable as provided in
72	s. 775.082, s. 775.083, or s. 775.084.
73	(2)  The unlawful killing of an unborn quick child by any
74	injury to the mother of such child which would be manslaughter
75	if it resulted in the death of such mother shall be deemed
76	manslaughter. A person who unlawfully kills an unborn quick
77	child by any injury to the mother which would be manslaughter if
78	it resulted in the mother's death commits manslaughter, a felony
79	of the second degree, punishable as provided in s. 775.082, s.
80	775.083, or s. 775.084.
81	(3)  The death of the mother resulting from the same act or
82	criminal episode that caused the death of the unborn quick child
83	does not bar prosecution under this section.
84	(4)  This section does not authorize the prosecution of any
85	person in connection with a termination of pregnancy pursuant to
86	chapter 390.
87	(5)  For purposes of this section, the definition of the
88	term "unborn quick child" shall be determined in accordance with
89	the definition of an unborn child viable fetus as set forth in
90	s. 782.071.
91	(6)  An offense under this section does not require that
92	the person engaging in the conduct:
93	(a)  Had knowledge or should have had knowledge that the
94	victim of the underlying offense was pregnant; or
95	(b)  Intended to cause the death of, or bodily injury to,
96	the unborn child.
97	Section 4.  Subsection (3) of section 316.193, Florida
98	Statutes, is amended to read:
99	316.193  Driving under the influence; penalties.--
100	(3)  Any person:
101	(a)  Who is in violation of subsection (1);
102	(b)  Who operates a vehicle; and
103	(c)  Who, by reason of such operation, causes or
104	contributes to causing:
105	1.  Damage to the property or person of another commits a
106	misdemeanor of the first degree, punishable as provided in s.
107	775.082 or s. 775.083.
108	2.  Serious bodily injury to another, as defined in s.
109	316.1933, commits a felony of the third degree, punishable as
110	provided in s. 775.082, s. 775.083, or s. 775.084.
111	3.  The death of any human being or unborn quick child
112	commits DUI manslaughter, and commits:
113	a.  A felony of the second degree, punishable as provided
114	in s. 775.082, s. 775.083, or s. 775.084.
115	b.  A felony of the first degree, punishable as provided in
116	s. 775.082, s. 775.083, or s. 775.084, if:
117	(I)  At the time of the crash, the person knew, or should
118	have known, that the crash occurred; and
119	(II)  The person failed to give information and render aid
120	as required by s. 316.062.
121
122	For purposes of this subsection, the definition of the term
123	"unborn quick child" shall be determined in accordance with the
124	definition of an unborn child viable fetus as set forth in s.
125	782.071.
126	Section 5.  Paragraph (g) of subsection (2) of section
127	435.03, Florida Statutes, is amended to read:
128	435.03  Level 1 screening standards.--
129	(2)  Any person for whom employment screening is required
130	by statute must not have been found guilty of, regardless of
131	adjudication, or entered a plea of nolo contendere or guilty to,
132	any offense prohibited under any of the following provisions of
133	the Florida Statutes or under any similar statute of another
134	jurisdiction:
135	(g)  Section 782.09, relating to killing of an unborn quick
136	child by injury to the mother.
137	Section 6.  Paragraph (g) of subsection (2) of section
138	435.04, Florida Statutes, is amended to read:
139	435.04  Level 2 screening standards.--
140	(2)  The security background investigations under this
141	section must ensure that no persons subject to the provisions of
142	this section have been found guilty of, regardless of
143	adjudication, or entered a plea of nolo contendere or guilty to,
144	any offense prohibited under any of the following provisions of
145	the Florida Statutes or under any similar statute of another
146	jurisdiction:
147	(g)  Section 782.09, relating to killing of an unborn quick
148	child by injury to the mother.
149	Section 7.  Paragraph (g) of subsection (3) of section
150	921.0022, Florida Statutes, is amended to read:
151	921.0022  Criminal Punishment Code; offense severity
152	ranking chart.--
153	(3)  OFFENSE SEVERITY RANKING CHART
154
	FloridaStatute FelonyDegree Description
155
	(g)  LEVEL 7
156
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
157
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
158
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
159
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
160
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
161
	409.920(2) 3rd Medicaid provider fraud.
162
	456.065(2) 3rd Practicing a health care profession without a license.
163
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
164
	458.327(1) 3rd Practicing medicine without a license.
165
	459.013(1) 3rd Practicing osteopathic medicine without a license.
166
	460.411(1) 3rd Practicing chiropractic medicine without a license.
167
	461.012(1) 3rd Practicing podiatric medicine without a license.
168
	462.17 3rd Practicing naturopathy without a license.
169
	463.015(1) 3rd Practicing optometry without a license.
170
	464.016(1) 3rd Practicing nursing without a license.
171
	465.015(2) 3rd Practicing pharmacy without a license.
172
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
173
	467.201 3rd Practicing midwifery without a license.
174
	468.366 3rd Delivering respiratory care services without a license.
175
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
176
	483.901(9) 3rd Practicing medical physics without a license.
177
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
178
	484.053 3rd Dispensing hearing aids without a license.
179
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
180
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
181
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
182
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
183
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
184
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
185
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
186
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
187
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
188
	782.071 2nd Killing of human being or unborn child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
189
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
190
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
191
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
192
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
193
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
194
	784.048(7) 3rd Aggravated stalking; violation of court order.
195
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
196
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
197
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
198
	784.081(1) 1st Aggravated battery on specified official or employee.
199
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
200
	784.083(1) 1st Aggravated battery on code inspector.
201
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
202
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
203
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
204
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
205
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
206
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
207
	796.03 2nd Procuring any person under 16 years for prostitution.
208
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
209
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
210
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
211
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
212
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
213
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
214
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
215
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
216
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
217
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
218
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
219
	812.131(2)(a) 2nd Robbery by sudden snatching.
220
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
221
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
222
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
223
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
224
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
225
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
226
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
227
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
228
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
229
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
230
	838.015 2nd Bribery.
231
	838.016 2nd Unlawful compensation or reward for official behavior.
232
	838.021(3)(a) 2nd Unlawful harm to a public servant.
233
	838.22 2nd Bid tampering.
234
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
235
	872.06 2nd Abuse of a dead human body.
236
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
237
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
238
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
239
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
240
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
241
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
242
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
243
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
244
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
245
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
246
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
247
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
248
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
249
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
250
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
251
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
252
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
253
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
254
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
255
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
256
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
257
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
258
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
259
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
260
261	Section 8.  This act shall take effect October 1, 2007.

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