CS/CS/HB 1161

1
A bill to be entitled
2An act relating to traffic offenses; amending s. 316.027,
3F.S.; requiring the court to impose certain penalties for
4a person who commits a noncriminal traffic infraction that
5results in death or serious bodily injury; amending ss.
6318.14 and 318.18, F.S.; conforming provisions to changes
7made by the act; amending s. 318.19, F.S.; providing for
8certain rights for a victim, or the next of kin if the
9victim is deceased, of a crash that causes death or
10serious bodily injury; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (4) of section 316.027, Florida
15Statutes, is amended to read:
16     316.027  Crash involving death or personal injuries.--
17     (4)  A person whose commission of a noncriminal traffic
18infraction or any violation of this chapter or s. 1006.66 causes
19or results in the death or serious bodily injury, as defined in
20s. 316.1933(1), of another person shall may, in addition to any
21other civil, criminal, or administrative penalty imposed, be
22required by the court to complete an 8-hour driver improvement
23course and serve not less than 15 but not more than 120
24community service hours in a trauma center or hospital that
25regularly receives victims of vehicle accidents, under the
26supervision of a registered nurse, an emergency room physician,
27or an emergency medical technician pursuant to a voluntary
28community service program operated by the trauma center or
29hospital.
30     Section 2.  Subsection (1) of section 318.14, Florida
31Statutes, is amended to read:
32     318.14  Noncriminal traffic infractions; exception;
33procedures.--
34     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
35person cited for a violation of chapter 316, s. 320.0605, s.
36320.07(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
38a noncriminal infraction and must be cited for such an
39infraction and cited to appear before an official. If another
40person dies as a result of the noncriminal infraction, the
41person cited may be required to perform 120 community service
42hours under s. 316.027(4), in addition to any other penalties.
43     Section 3.  Paragraph (c) of subsection (8) of section
44318.18, Florida Statutes, is amended to read:
45     318.18  Amount of penalties.--The penalties required for a
46noncriminal disposition pursuant to s. 318.14 or a criminal
47offense listed in s. 318.17 are as follows:
48     (8)
49     (c)  If the noncriminal infraction has caused or resulted
50in the death of another, the person who committed the infraction
51may perform 120 community service hours under s. 316.027(4), in
52addition to any other penalties.
53     Section 4.  Section 318.19, Florida Statutes, is amended to
54read:
55     318.19  Infractions requiring a mandatory hearing.--Any
56person cited for the infractions listed in this section shall
57not have the provisions of s. 318.14(2), (4), and (9) available
58to him or her but must appear before the designated official at
59the time and location of the scheduled hearing:
60     (1)  Any infraction which results in a crash that causes
61the 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.
67316.189 of exceeding the speed limit by 30 m.p.h. or more.
68
69Any victim of a crash that causes death or serious bodily injury
70as provided in subsections (1) and (2) or his or her lawful
71representative, including the next of kin if the victim is
72deceased, is entitled to the right to be informed, to be
73present, and to be heard when relevant, at all crucial stages of
74a judicial hearing, to the extent that these rights do not
75interfere with the constitutional rights of the accused. The
76state attorney, where applicable, shall consult the victim or
77his or her lawful representative about the disposition of any
78such case.
79     Section 5.  This act shall take effect July 1, 2009.


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