| 1 | A bill to be entitled |
| 2 | An act relating to traffic offenses; amending s. 316.027, |
| 3 | F.S.; requiring the court to impose certain penalties for |
| 4 | a person who commits a noncriminal traffic infraction that |
| 5 | results in death or serious bodily injury; amending ss. |
| 6 | 318.14 and 318.18, F.S.; conforming provisions to changes |
| 7 | made by the act; amending s. 318.19, F.S.; providing for |
| 8 | certain rights for a victim, or the next of kin if the |
| 9 | victim is deceased, of a crash that causes death or |
| 10 | serious bodily injury; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (4) of section 316.027, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 316.027 Crash involving death or personal injuries.-- |
| 17 | (4) A person whose commission of a noncriminal traffic |
| 18 | infraction or any violation of this chapter or s. 1006.66 causes |
| 19 | or results in the death or serious bodily injury, as defined in |
| 20 | s. 316.1933(1), of another person shall may, in addition to any |
| 21 | other civil, criminal, or administrative penalty imposed, be |
| 22 | required by the court to complete an 8-hour driver improvement |
| 23 | course and serve not less than 15 but not more than 120 |
| 24 | community service hours in a trauma center or hospital that |
| 25 | regularly receives victims of vehicle accidents, under the |
| 26 | supervision of a registered nurse, an emergency room physician, |
| 27 | or an emergency medical technician pursuant to a voluntary |
| 28 | community service program operated by the trauma center or |
| 29 | hospital. |
| 30 | Section 2. Subsection (1) of section 318.14, Florida |
| 31 | Statutes, is amended to read: |
| 32 | 318.14 Noncriminal traffic infractions; exception; |
| 33 | procedures.-- |
| 34 | (1) Except as provided in ss. 318.17 and 320.07(3)(c), any |
| 35 | person cited for a violation of chapter 316, s. 320.0605, s. |
| 36 | 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or |
| 37 | (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with |
| 38 | a noncriminal infraction and must be cited for such an |
| 39 | infraction and cited to appear before an official. If another |
| 40 | person dies as a result of the noncriminal infraction, the |
| 41 | person cited may be required to perform 120 community service |
| 42 | hours under s. 316.027(4), in addition to any other penalties. |
| 43 | Section 3. Paragraph (c) of subsection (8) of section |
| 44 | 318.18, Florida Statutes, is amended to read: |
| 45 | 318.18 Amount of penalties.--The penalties required for a |
| 46 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 47 | offense listed in s. 318.17 are as follows: |
| 48 | (8) |
| 49 | (c) If the noncriminal infraction has caused or resulted |
| 50 | in the death of another, the person who committed the infraction |
| 51 | may perform 120 community service hours under s. 316.027(4), in |
| 52 | addition to any other penalties. |
| 53 | Section 4. Section 318.19, Florida Statutes, is amended to |
| 54 | read: |
| 55 | 318.19 Infractions requiring a mandatory hearing.--Any |
| 56 | person cited for the infractions listed in this section shall |
| 57 | not have the provisions of s. 318.14(2), (4), and (9) available |
| 58 | to him or her but must appear before the designated official at |
| 59 | the time and location of the scheduled hearing: |
| 60 | (1) Any infraction which results in a crash that causes |
| 61 | the death of another; |
| 62 | (2) Any infraction which results in a crash that causes |
| 63 | "serious bodily injury" of another as defined in s. 316.1933(1); |
| 64 | (3) Any infraction of s. 316.172(1)(b); |
| 65 | (4) Any infraction of s. 316.520(1) or (2); or |
| 66 | (5) Any infraction of s. 316.183(2), s. 316.187, or s. |
| 67 | 316.189 of exceeding the speed limit by 30 m.p.h. or more. |
| 68 |
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| 69 | Any victim of a crash that causes death or serious bodily injury |
| 70 | as provided in subsections (1) and (2) or his or her lawful |
| 71 | representative, including the next of kin if the victim is |
| 72 | deceased, is entitled to the right to be informed, to be |
| 73 | present, and to be heard when relevant, at all crucial stages of |
| 74 | a judicial hearing, to the extent that these rights do not |
| 75 | interfere with the constitutional rights of the accused. The |
| 76 | state attorney, where applicable, shall consult the victim or |
| 77 | his or her lawful representative about the disposition of any |
| 78 | such case. |
| 79 | Section 5. This act shall take effect July 1, 2009. |