Senate Bill sb0720

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 720

    By Senator Crist





    12-796-07                                            See HB 25

  1                      A bill to be entitled

  2         An act relating to vehicular incidents

  3         involving death or personal injuries; providing

  4         a short title; amending s. 316.027, F.S.;

  5         requiring a court to sentence a driver of a

  6         vehicle to a minimum term of imprisonment if

  7         the person is driving under the influence and

  8         leaves the scene of a crash that results in

  9         death; requiring a court to order the driver of

10         a vehicle to make restitution to the victim for

11         any damage or loss if a driver leaves the scene

12         of an accident that results in injury or death;

13         requiring a court to make the payment of

14         restitution a condition of probation; providing

15         that an order requiring the defendant to make

16         restitution to a victim does not remove or

17         diminish the requirement that the court order

18         payment to the Crimes Compensation Trust Fund;

19         amending s. 316.193, F.S.; requiring that a

20         person convicted of DUI manslaughter be

21         sentenced to a mandatory minimum term of

22         imprisonment; amending s. 921.0021, F.S.;

23         allowing assessment of victim injury points for

24         certain offenses if the court finds that the

25         offender caused victim injury; providing an

26         effective date.

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

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30         Section 1.  Sections 316.027 and 316.193, Florida

31  Statutes, may be cited as the "Adam Arnold Act."

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    Florida Senate - 2007                                   SB 720
    12-796-07                                            See HB 25




 1         Section 2.  Subsection (1) of section 316.027, Florida

 2  Statutes, is amended to read:

 3         316.027  Crash involving death or personal injuries.--

 4         (1)(a)  The driver of any vehicle involved in a crash

 5  occurring on public or private property that results in injury

 6  of any person must immediately stop the vehicle at the scene

 7  of the crash, or as close thereto as possible, and must remain

 8  at the scene of the crash until he or she has fulfilled the

 9  requirements of s. 316.062. Any person who willfully violates

10  this paragraph commits a felony of the third degree,

11  punishable as provided in s. 775.082, s. 775.083, or s.

12  775.084.

13         (b)  The driver of any vehicle involved in a crash

14  occurring on public or private property that results in the

15  death of any person must immediately stop the vehicle at the

16  scene of the crash, or as close thereto as possible, and must

17  remain at the scene of the crash until he or she has fulfilled

18  the requirements of s. 316.062. Any person who willfully

19  violates this paragraph commits a felony of the first degree,

20  punishable as provided in s. 775.082, s. 775.083, or s.

21  775.084. Any person who willfully violates this paragraph

22  while driving under the influence as set forth in s.

23  316.193(1) shall be sentenced to a mandatory minimum term of

24  imprisonment of 2 years.

25         (c)  Notwithstanding s. 775.089(1)(a), if the driver of

26  a vehicle violates paragraph (a) or paragraph (b), the court

27  shall order the driver to make restitution to the victim for

28  any damage or loss unless the court finds clear and compelling

29  reasons not to order the restitution. Restitution may be

30  monetary or nonmonetary restitution. The court shall make the

31  payment of restitution a condition of probation in accordance

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






    Florida Senate - 2007                                   SB 720
    12-796-07                                            See HB 25




 1  with s. 948.03. An order requiring the defendant to make

 2  restitution to a victim does not remove or diminish the

 3  requirement that the court order payment to the Crimes

 4  Compensation Trust Fund under chapter 960. Payment of an award

 5  by the Crimes Compensation Trust Fund creates an order of

 6  restitution to the Crimes Compensation Trust Fund unless

 7  specifically waived in accordance with s. 775.089(1)(b).

 8         Section 3.  Subsection (3) of section 316.193, Florida

 9  Statutes, is amended to read:

10         316.193  Driving under the influence; penalties.--

11         (3)  Any person:

12         (a)  Who is in violation of subsection (1);

13         (b)  Who operates a vehicle; and

14         (c)  Who, by reason of such operation, causes or

15  contributes to causing:

16         1.  Damage to the property or person of another commits

17  a misdemeanor of the first degree, punishable as provided in

18  s. 775.082 or s. 775.083.

19         2.  Serious bodily injury to another, as defined in s.

20  316.1933, commits a felony of the third degree, punishable as

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

22         3.  The death of any human being or unborn quick child

23  commits DUI manslaughter, and commits:

24         a.  A felony of the second degree, punishable as

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

26         b.  A felony of the first degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084, if:

28         (I)  At the time of the crash, the person knew, or

29  should have known, that the crash occurred; and

30         (II)  The person failed to give information and render

31  aid as required by s. 316.062.

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    Florida Senate - 2007                                   SB 720
    12-796-07                                            See HB 25




 1  

 2  For purposes of this subsection, the definition of the term

 3  "unborn quick child" shall be determined in accordance with

 4  the definition of viable fetus as set forth in s. 782.071. A

 5  person who is convicted of DUI manslaughter shall be sentenced

 6  to a mandatory minimum term of imprisonment of 4 years.

 7         Section 4.  Subsection (7) of section 921.0021, Florida

 8  Statutes, is amended to read:

 9         921.0021  Definitions.--As used in this chapter, for

10  any felony offense, except any capital felony, committed on or

11  after October 1, 1998, the term:

12         (7)(a)  "Victim injury" means the physical injury or

13  death suffered by a person as a direct result of the primary

14  offense, or any additional offense, for which an offender is

15  convicted and which is pending before the court for sentencing

16  at the time of the primary offense.

17         (b)  Except as provided in paragraph (c) or paragraph

18  (d),

19         1.  If the conviction is for an offense involving

20  sexual contact that includes sexual penetration, the sexual

21  penetration must be scored in accordance with the sentence

22  points provided under s. 921.0024 for sexual penetration,

23  regardless of whether there is evidence of any physical

24  injury.

25         2.  If the conviction is for an offense involving

26  sexual contact that does not include sexual penetration, the

27  sexual contact must be scored in accordance with the sentence

28  points provided under s. 921.0024 for sexual contact,

29  regardless of whether there is evidence of any physical

30  injury.

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    Florida Senate - 2007                                   SB 720
    12-796-07                                            See HB 25




 1  If the victim of an offense involving sexual contact suffers

 2  any physical injury as a direct result of the primary offense

 3  or any additional offense committed by the offender resulting

 4  in conviction, such physical injury must be scored separately

 5  and in addition to the points scored for the sexual contact or

 6  the sexual penetration.

 7         (c)  The sentence points provided under s. 921.0024 for

 8  sexual contact or sexual penetration may not be assessed for a

 9  violation of s. 944.35(3)(b)2.

10         (d)  If the conviction is for the offense described in

11  s. 872.06, the sentence points provided under s. 921.0024 for

12  sexual contact or sexual penetration may not be assessed.

13         (e)  Notwithstanding paragraph (a), if the conviction

14  is for an offense described in s. 316.027 and the court finds

15  that the offender caused victim injury, sentence points for

16  victim injury may be assessed against the offender.

17         Section 5.  This act shall take effect July 1, 2007.

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