Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 968
       
       
       
       
       
       
                                Barcode 515282                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2009           .                                
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       The Committee on Criminal Justice (Villalobos) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 316.027, Florida
    6  Statutes, is amended to read:
    7         316.027 Crash involving death or personal injuries.—
    8         (4) A person whose commission of a noncriminal traffic
    9  infraction or any violation of this chapter or s. 1006.66 causes
   10  or results in the death or serious bodily injury, as defined in
   11  s. 316.1933(1), of another person shall may, in addition to any
   12  other civil, criminal, or administrative penalty imposed, be
   13  required by the court to complete an 8-hour driver improvement
   14  course, and serve not less than 15 but not more than 120
   15  community service hours in a trauma center or hospital that
   16  regularly receives victims of vehicle accidents, under the
   17  supervision of a registered nurse, an emergency room physician,
   18  or an emergency medical technician pursuant to a voluntary
   19  community service program operated by the trauma center or
   20  hospital.
   21         Section 2. Subsection (1) of section 318.14, Florida
   22  Statutes, is amended to read:
   23         318.14 Noncriminal traffic infractions; exception;
   24  procedures.—
   25         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
   26  person cited for a violation of chapter 316, s. 320.0605, s.
   27  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
   28  (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with
   29  a noncriminal infraction and must be cited for such an
   30  infraction and cited to appear before an official. If another
   31  person dies as a result of the noncriminal infraction, the
   32  person cited may be required to perform 120 community service
   33  hours under s. 316.027(4), in addition to any other penalties.
   34         Section 3. Section 318.19, Florida Statutes, is amended to
   35  read:
   36         318.19 Infractions requiring a mandatory hearing.—Any
   37  person cited for the infractions listed in this section shall
   38  not have the provisions of s. 318.14(2), (4), and (9) available
   39  to him or her but must appear before the designated official at
   40  the time and location of the scheduled hearing:
   41         (1) Any infraction which results in a crash that causes the
   42  death of another;
   43         (2) Any infraction which results in a crash that causes
   44  “serious bodily injury” of another as defined in s. 316.1933(1);
   45         (3) Any infraction of s. 316.172(1)(b);
   46         (4) Any infraction of s. 316.520(1) or (2); or
   47         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
   48  316.189 of exceeding the speed limit by 30 m.p.h. or more.
   49  
   50  Any victim of a crash that causes death or serious bodily injury
   51  as provided in subsections (1) and (2) or his or her lawful
   52  representative, including the next of kin if the victim is
   53  deceased, is entitled to the right to be informed, to be
   54  present, and to be heard when relevant, at all crucial stages of
   55  a judicial hearing, to the extent that these rights do not
   56  interfere with the constitutional rights of the accused. The
   57  state attorney, where applicable, shall consult the victim or
   58  his or her lawful representatives about the disposition of any
   59  such case.
   60         Section 4. This act shall take effect July 1, 2009.
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63         And the title is amended as follows:
   64         Delete everything before the enacting clause
   65  and insert:
   66                        A bill to be entitled                      
   67         An act relating to traffic offenses; amending s.
   68         316.027, F.S.; requiring minimum penalties for a
   69         person who commits a traffic infraction resulting in
   70         death or severe bodily injury; amending s. 318.14,
   71         F.S.; requiring community service hours for certain
   72         noncriminal traffic infractions under certain
   73         conditions; amending s. 318.19, F.S.; providing for
   74         certain rights for a victim, or the next of kin if the
   75         victim is decesased, of a crash that causes death or
   76         serious bodily injury; providing an effective date.