| 1 | A bill to be entitled |
| 2 | An act relating to victims of crime; amending s. 960.03, |
| 3 | F.S.; including additional vehicular homicide offenses |
| 4 | within the definition of "crime" for specified purposes; |
| 5 | amending s. 960.065, F.S.; providing eligibility for crime |
| 6 | compensation for certain witnesses who were victims in |
| 7 | another crime or case and whose testimony is proffered |
| 8 | under specified provisions; creating s. 843.21, F.S.; |
| 9 | providing a short title; prohibiting depriving a person |
| 10 | injured by a crime of medical treatment with specified |
| 11 | intent; providing penalties; amending s. 960.07, F.S.; |
| 12 | revising the time period to file certain claims for |
| 13 | compensation; providing effective dates. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraph (b) of subsection (3) of section |
| 18 | 960.03, Florida Statutes, is amended to read: |
| 19 | 960.03 Definitions; ss. 960.01-960.28.--As used in ss. |
| 20 | 960.01-960.28, unless the context otherwise requires, the term: |
| 21 | (3) "Crime" means: |
| 22 | (b) A violation of s. 316.193, s. 316.027(1), s. |
| 23 | 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in |
| 24 | physical injury or death; however, no other act involving the |
| 25 | operation of a motor vehicle, boat, or aircraft which results in |
| 26 | injury or death shall constitute a crime for the purpose of this |
| 27 | chapter unless the injury or death was intentionally inflicted |
| 28 | through the use of such vehicle, boat, or aircraft or unless |
| 29 | such vehicle, boat, or aircraft is an implement of a crime to |
| 30 | which this act applies. |
| 31 | Section 2. Paragraph (e) is added to subsection (1) of |
| 32 | section 960.065, Florida Statutes, to read: |
| 33 | 960.065 Eligibility for awards.-- |
| 34 | (1) Except as provided in subsection (2), the following |
| 35 | persons shall be eligible for awards pursuant to this chapter: |
| 36 | (e) A person who is a victim in another crime or case and |
| 37 | whose testimony is proffered under s. 90.404(2). |
| 38 | Section 3. Effective October 1, 2007, section 843.21, |
| 39 | Florida Statutes, is created to read: |
| 40 | 843.21 Depriving person injured by crime of medical |
| 41 | care.-- |
| 42 | (1) This section may be cited as the "Frank Pacheco Aid to |
| 43 | Victims Act." |
| 44 | (2) A person who takes custody of or exercises control |
| 45 | over a person he or she knows to be injured as a result of |
| 46 | criminal activity and deprives that person of medical care with |
| 47 | the intent to avoid, delay, hinder, or obstruct any |
| 48 | investigation of the criminal activity contributing to the |
| 49 | injury commits: |
| 50 | (a) Where the victim's medical condition worsens as a |
| 51 | result of the deprivation of medical care, a felony of the third |
| 52 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 53 | 775.084. |
| 54 | (b) Where deprivation of medical care contributes to or |
| 55 | results in the death of the victim, a felony of the second |
| 56 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 57 | 775.084. |
| 58 | Section 4. Subsection (2) of section 960.07, Florida |
| 59 | Statutes, is amended to read: |
| 60 | 960.07 Filing of claims for compensation.-- |
| 61 | (2) Except as provided in subsection (3), a claim must be |
| 62 | filed not later than 1 year after: |
| 63 | (a) The occurrence of the crime upon which the claim is |
| 64 | based. |
| 65 | (b) The death of the victim or intervenor. |
| 66 | (c) The death of the victim or intervenor is determined to |
| 67 | be the result of a crime, and the crime occurred after June 30, |
| 68 | 1994. |
| 69 |
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| 70 | However, for good cause the department may extend the time for |
| 71 | filing for a period not exceeding 2 years after such occurrence. |
| 72 | For crimes occurring between June 30, 1994, and June 30, 2007, |
| 73 | the department may also extend until June 30, 2008, the time for |
| 74 | filing when the claimant is a victim of an attempt to commit |
| 75 | murder and is rendered a paraplegic requiring life-supporting or |
| 76 | life-sustaining equipment as defined in s. 400.925, as a result |
| 77 | of the crime. |
| 78 | Section 5. Except as otherwise expressly provided in this |
| 79 | act, this act shall take effect July 1, 2007. |