CS/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"; providing legislative intent;
7	amending s. 782.09, F.S.; revising terminology; providing
8	that certain offenses relating to the killing of an unborn
9	child by injury to the mother do not require specified
10	knowledge or intent; amending ss. 316.193, 435.03, 435.04,
11	and 921.0022, F.S.; conforming terminology; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  This act may be cited as the "Florida Unborn
17	Victims of Violence Act."
18	Section 2.  Section 782.071, Florida Statutes, is amended
19	to read:
20	782.071  Vehicular homicide.--"Vehicular homicide" is the
21	killing of a human being, or the killing of an unborn child a
22	viable fetus by any injury to the mother, caused by the
23	operation of a motor vehicle by another in a reckless manner
24	likely to cause the death of, or great bodily harm to, another.
25	(1)  Vehicular homicide is:
26	(a)  A felony of the second degree, punishable as provided
27	in s. 775.082, s. 775.083, or s. 775.084.
28	(b)  A felony of the first degree, punishable as provided
29	in s. 775.082, s. 775.083, or s. 775.084, if:
30	1.  At the time of the accident, the person knew, or should
31	have known, that the accident occurred; and
32	2.  The person failed to give information and render aid as
33	required by s. 316.062.
34
35	This paragraph does not require that the person knew that the
36	accident resulted in injury or death.
37	(2)  For purposes of this section, the term "unborn child"
38	means a member of the species homo sapiens, at any stage of
39	development, who is carried in the womb a fetus is viable when
40	it becomes capable of meaningful life outside the womb through
41	standard medical measures.
42	(3)  A right of action for civil damages shall exist under
43	s. 768.19, under all circumstances, for all deaths described in
44	this section. However, this section shall not be construed to
45	create or expand any civil cause of action for negligence based
46	on statute or common law.
47	(4)  In addition to any other punishment, the court may
48	order the person to serve 120 community service hours in a
49	trauma center or hospital that regularly receives victims of
50	vehicle accidents, under the supervision of a registered nurse,
51	an emergency room physician, or an emergency medical technician
52	pursuant to a voluntary community service program operated by
53	the trauma center or hospital.
54	Section 3.  Section 782.09, Florida Statutes, is amended to
55	read:
56	782.09  Killing of unborn quick child by injury to
57	mother.--
58	(1)  The unlawful killing of an unborn quick child, by any
59	injury to the mother of such child which would be murder if it
60	resulted in the death of such mother, shall be deemed murder in
61	the same degree as that which would have been committed against
62	the mother. Any person, other than the mother, who unlawfully
63	kills an unborn quick child by any injury to the mother:
64	(a)  Which would be murder in the first degree constituting
65	a capital felony if it resulted in the mother's death commits
66	murder in the first degree constituting a capital felony,
67	punishable as provided in s. 775.082.
68	(b)  Which would be murder in the second degree if it
69	resulted in the mother's death commits murder in the second
70	degree, a felony of the first degree, punishable as provided in
71	s. 775.082, s. 775.083, or s. 775.084.
72	(c)  Which would be murder in the third degree if it
73	resulted in the mother's death commits murder in the third
74	degree, a felony of the second degree, punishable as provided in
75	s. 775.082, s. 775.083, or s. 775.084.
76	(2)  The unlawful killing of an unborn quick child by any
77	injury to the mother of such child which would be manslaughter
78	if it resulted in the death of such mother shall be deemed
79	manslaughter. A person who unlawfully kills an unborn quick
80	child by any injury to the mother which would be manslaughter if
81	it resulted in the mother's death commits manslaughter, a felony
82	of the second degree, punishable as provided in s. 775.082, s.
83	775.083, or s. 775.084.
84	(3)  The death of the mother resulting from the same act or
85	criminal episode that caused the death of the unborn quick child
86	does not bar prosecution under this section.
87	(4)  This section does not authorize the prosecution of any
88	person in connection with a termination of pregnancy pursuant to
89	chapter 390.
90	(5)  For purposes of this section, the definition of the
91	term "unborn quick child" shall be determined in accordance with
92	the definition of an unborn child viable fetus as set forth in
93	s. 782.071.
94	(6)  An offense under this section does not require that
95	the person engaging in the conduct:
96	(a)  Had knowledge or should have had knowledge that the
97	victim of the underlying offense was pregnant; or
98	(b)  Intended to cause the death of, or bodily injury to,
99	the unborn child.
100	Section 4.  Subsection (3) of section 316.193, Florida
101	Statutes, is amended to read:
102	316.193  Driving under the influence; penalties.--
103	(3)  Any person:
104	(a)  Who is in violation of subsection (1);
105	(b)  Who operates a vehicle; and
106	(c)  Who, by reason of such operation, causes or
107	contributes to causing:
108	1.  Damage to the property or person of another commits a
109	misdemeanor of the first degree, punishable as provided in s.
110	775.082 or s. 775.083.
111	2.  Serious bodily injury to another, as defined in s.
112	316.1933, commits a felony of the third degree, punishable as
113	provided in s. 775.082, s. 775.083, or s. 775.084.
114	3.  The death of any human being or unborn quick child
115	commits DUI manslaughter, and commits:
116	a.  A felony of the second degree, punishable as provided
117	in s. 775.082, s. 775.083, or s. 775.084.
118	b.  A felony of the first degree, punishable as provided in
119	s. 775.082, s. 775.083, or s. 775.084, if:
120	(I)  At the time of the crash, the person knew, or should
121	have known, that the crash occurred; and
122	(II)  The person failed to give information and render aid
123	as required by s. 316.062.
124
125	For purposes of this subsection, the definition of the term
126	"unborn quick child" shall be determined in accordance with the
127	definition of an unborn child viable fetus as set forth in s.
128	782.071.
129	Section 5.  Paragraph (g) of subsection (2) of section
130	435.03, Florida Statutes, is amended to read:
131	435.03  Level 1 screening standards.--
132	(2)  Any person for whom employment screening is required
133	by statute must not have been found guilty of, regardless of
134	adjudication, or entered a plea of nolo contendere or guilty to,
135	any offense prohibited under any of the following provisions of
136	the Florida Statutes or under any similar statute of another
137	jurisdiction:
138	(g)  Section 782.09, relating to killing of an unborn quick
139	child by injury to the mother.
140	Section 6.  Paragraph (g) of subsection (2) of section
141	435.04, Florida Statutes, is amended to read:
142	435.04  Level 2 screening standards.--
143	(2)  The security background investigations under this
144	section must ensure that no persons subject to the provisions of
145	this section have been found guilty of, regardless of
146	adjudication, or entered a plea of nolo contendere or guilty to,
147	any offense prohibited under any of the following provisions of
148	the Florida Statutes or under any similar statute of another
149	jurisdiction:
150	(g)  Section 782.09, relating to killing of an unborn quick
151	child by injury to the mother.
152	Section 7.  Paragraph (g) of subsection (3) of section
153	921.0022, Florida Statutes, is amended to read:
154	921.0022  Criminal Punishment Code; offense severity
155	ranking chart.--
156	(3)  OFFENSE SEVERITY RANKING CHART
157
	FloridaStatute FelonyDegree Description
158
	(g)  LEVEL 7
159
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
160
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
161
	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.
162
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
163
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
164
	409.920(2) 3rd Medicaid provider fraud.
165
	456.065(2) 3rd Practicing a health care profession without a license.
166
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
167
	458.327(1) 3rd Practicing medicine without a license.
168
	459.013(1) 3rd Practicing osteopathic medicine without a license.
169
	460.411(1) 3rd Practicing chiropractic medicine without a license.
170
	461.012(1) 3rd Practicing podiatric medicine without a license.
171
	462.17 3rd Practicing naturopathy without a license.
172
	463.015(1) 3rd Practicing optometry without a license.
173
	464.016(1) 3rd Practicing nursing without a license.
174
	465.015(2) 3rd Practicing pharmacy without a license.
175
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
176
	467.201 3rd Practicing midwifery without a license.
177
	468.366 3rd Delivering respiratory care services without a license.
178
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
179
	483.901(9) 3rd Practicing medical physics without a license.
180
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
181
	484.053 3rd Dispensing hearing aids without a license.
182
	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.
183
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
184
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
185
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
186
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
187
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
188
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
189
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
190
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
191
	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).
192
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
193
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
194
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
195
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
196
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
197
	784.048(7) 3rd Aggravated stalking; violation of court order.
198
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
199
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
200
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
201
	784.081(1) 1st Aggravated battery on specified official or employee.
202
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
203
	784.083(1) 1st Aggravated battery on code inspector.
204
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
205
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
206
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
207
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
208
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
209
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
210
	796.03 2nd Procuring any person under 16 years for prostitution.
211
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
212
	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.
213
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
214
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
215
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
216
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
217
	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.
218
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
219
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
220
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
221
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
222
	812.131(2)(a) 2nd Robbery by sudden snatching.
223
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
224
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
225
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
226
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
227
	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.
228
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
229
	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.
230
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
231
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
232
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
233
	838.015 2nd Bribery.
234
	838.016 2nd Unlawful compensation or reward for official behavior.
235
	838.021(3)(a) 2nd Unlawful harm to a public servant.
236
	838.22 2nd Bid tampering.
237
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
238
	872.06 2nd Abuse of a dead human body.
239
	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.
240
	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.
241
	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).
242
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
243
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
244
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
245
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
246
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
247
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
248
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
249
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
250
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
251
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
252
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
253
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
254
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
255
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
256
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
257
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
258
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
259
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
260
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
261
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
262
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
263
264	Section 8.  This act shall take effect October 1, 2007.

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