Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2604

120498

CHAMBER ACTION

Senate

Comm: FAV

4/1/2008

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House



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The Committee on Transportation (Constantine) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 218-237

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and insert:

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or unborn quick child commits the crime of manslaughter resulting

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from the operation of a motor vehicle. In any conviction under

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this paragraph, the court may not withhold adjudication of guilt

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and shall permanently revoke the driver license of a person so

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convicted. A hearing may be requested pursuant to s. 322.271. A

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person so convicted commits:

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     1. A felony of the second degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of

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not less than $5,000; or

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     2. A felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of

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not less than $5,000, if:

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     a. At the time of the crash, the person knew, or should

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have known, that the crash occurred; and

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     b. The person failed to give information and render aid as

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required by s. 316.062.

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For purposes of this paragraph, the definition of the term

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

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

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who is convicted of manslaughter resulting from the operation of

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a motor vehicle shall be sentenced to a

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 23-24

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and insert:

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human being or unborn quick child is the crime of

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manslaughter resulting from the operation of a motor

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vehicle; providing penalties; providing for a

3/31/2008  9:32:00 AM     596-06085-08

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