HB 1161

1
A bill to be entitled
2An act relating to traffic offenses; creating s. 318.195,
3F.S.; providing criminal penalties for a person who
4commits a moving violation that causes serious bodily
5injury to, or causes or contributes to the death of, a
6person operating or riding in a motor vehicle or operating
7or riding on a motorcycle; requiring that the person pay a
8specified fine, serve a minimum period of incarceration,
9and attend a driver improvement course; requiring the
10court to revoke the person's driver's license for a
11specified period; providing that the act does not prohibit
12the person from being charged with, convicted of, or
13punished for any other violation of law; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 318.195, Florida Statutes, is created
19to read:
20     318.195  Enhanced penalties for moving violations causing
21injury or death.--
22     (1)  A person who commits a moving violation that causes
23serious bodily injury, as defined in s. 316.1933, to a person
24operating or riding in a motor vehicle or operating or riding on
25a motorcycle commits a misdemeanor of the second degree,
26punishable as provided in s. 775.082 or s. 775.083, and, upon
27conviction, shall pay a fine of not less than $500, serve a
28minimum of 30 days of incarceration, and attend a driver
29improvement course. The court shall also revoke the person's
30driver's license for not less than 30 days.
31     (2)  A person who commits a moving violation that causes or
32contributes to the death of a person operating or riding in a
33motor vehicle or operating or riding on a motorcycle commits a
34misdemeanor of the first degree, punishable as provided in s.
35775.082 or s. 775.083, and, upon conviction, shall pay a fine of
36not less than $1,000, serve a minimum of 90 days of
37incarceration, and, in lieu of the requirements of s. 322.0261,
38attend an advanced driver improvement course. The court shall
39also revoke the person's driver's license for not less than 1
40year.
41     (3)  This section shall not prohibit a person from being
42charged with, convicted of, or punished for any other violation
43of law.
44     Section 2.  This act shall take effect October 1, 2009.


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