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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CODING: Words stricken are deletions; words underlined are additions.
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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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 720
12-796-07 See HB 25
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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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CODING: Words stricken are deletions; words underlined are additions.
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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