Florida Senate - 2009                              CS for SB 968
       
       
       
       By the Committee on Criminal Justice; and Senator Garcia
       
       
       
       
       591-04458-09                                           2009968c1
    1                        A bill to be entitled                      
    2         An act relating to traffic offenses; amending s.
    3         316.027, F.S.; requiring minimum penalties for a
    4         person who commits a traffic infraction resulting in
    5         death or severe bodily injury; amending s. 318.14,
    6         F.S.; requiring community service hours for certain
    7         noncriminal traffic infractions under certain
    8         conditions; amending s. 318.19, F.S.; providing for
    9         certain rights for a victim, or the next of kin if the
   10         victim is deceased, of a crash that causes death or
   11         serious bodily injury; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (4) of section 316.027, Florida
   16  Statutes, is amended to read:
   17         316.027 Crash involving death or personal injuries.—
   18         (4) A person whose commission of a noncriminal traffic
   19  infraction or any violation of this chapter or s. 1006.66 causes
   20  or results in the death or serious bodily injury, as defined in
   21  s. 316.1933(1), of another person shall may, in addition to any
   22  other civil, criminal, or administrative penalty imposed, be
   23  required by the court to complete an 8-hour driver improvement
   24  course, and serve not less than 15 but not more than 120
   25  community service hours in a trauma center or hospital that
   26  regularly receives victims of vehicle accidents, under the
   27  supervision of a registered nurse, an emergency room physician,
   28  or an emergency medical technician pursuant to a voluntary
   29  community service program operated by the trauma center or
   30  hospital.
   31         Section 2. Subsection (1) of section 318.14, Florida
   32  Statutes, is amended to read:
   33         318.14 Noncriminal traffic infractions; exception;
   34  procedures.—
   35         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
   36  person cited for a violation of chapter 316, s. 320.0605, s.
   37  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
   38  (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with
   39  a noncriminal infraction and must be cited for such an
   40  infraction and cited to appear before an official. If another
   41  person dies as a result of the noncriminal infraction, the
   42  person cited may be required to perform 120 community service
   43  hours under s. 316.027(4), in addition to any other penalties.
   44         Section 3. Section 318.19, Florida Statutes, is amended to
   45  read:
   46         318.19 Infractions requiring a mandatory hearing.—Any
   47  person cited for the infractions listed in this section shall
   48  not have the provisions of s. 318.14(2), (4), and (9) available
   49  to him or her but must appear before the designated official at
   50  the time and location of the scheduled hearing:
   51         (1) Any infraction which results in a crash that causes the
   52  death of another;
   53         (2) Any infraction which results in a crash that causes
   54  “serious bodily injury” of another as defined in s. 316.1933(1);
   55         (3) Any infraction of s. 316.172(1)(b);
   56         (4) Any infraction of s. 316.520(1) or (2); or
   57         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
   58  316.189 of exceeding the speed limit by 30 m.p.h. or more.
   59  
   60  Any victim of a crash that causes death or serious bodily injury
   61  as provided in subsections (1) and (2) or his or her lawful
   62  representative, including the next of kin if the victim is
   63  deceased, is entitled to the right to be informed, to be
   64  present, and to be heard when relevant, at all crucial stages of
   65  a judicial hearing, to the extent that these rights do not
   66  interfere with the constitutional rights of the accused. The
   67  state attorney, where applicable, shall consult the victim or
   68  his or her lawful representatives about the disposition of any
   69  such case.
   70         Section 4. This act shall take effect July 1, 2009.