CS for SB 1918                                   First Engrossed
       
       
       
       
       
       
       
       
       20101918e1
       
    1                        A bill to be entitled                      
    2         An act relating to traffic offenses; creating s.
    3         318.195, F.S.; providing penalties for the commission
    4         of a noncriminal traffic infraction or certain other
    5         violations that cause or result in the serious injury
    6         of a motorcyclist, bicyclist, pedestrian, or person of
    7         other means of conveyance; providing enhanced
    8         penalties for such violations that cause the death of
    9         such person; providing that the victim of a crash that
   10         causes death or serious bodily injury or the victim’s
   11         representative is entitled to certain rights regarding
   12         any judicial proceeding relating to the crash;
   13         requiring the state attorney to consult the victim or
   14         the victim’s representative about the disposition of
   15         any such case; providing that the act does not
   16         prohibit the person from being charged with, convicted
   17         of, or punished for any other violation of law;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 318.195, Florida Statutes, is created to
   23  read:
   24         318.195 Enhanced penalties for moving violations causing
   25  injury or death.—
   26         (1) A person whose commission of a noncriminal traffic
   27  infraction or any violation of this chapter causes or results in
   28  the serious bodily injury, as defined in s. 316.1933(1), of a
   29  motorcyclist, bicyclist, pedestrian, or person of other means of
   30  conveyance shall be fined $1,000 and have his or her license
   31  suspended for a minimum of 90 days. If the infraction or
   32  violation causes the death of a motorcyclist, bicyclist,
   33  pedestrian, or person of other means of conveyance, the person
   34  shall pay a fine of $2,500 and have his or her license revoked
   35  for a minimum of 2 years. The person shall also be required by
   36  the court to complete a 12-hour driver improvement course and
   37  may be ordered by the court to serve 120 community service hours
   38  under s. 316.027(4), plus an additional 120 community service
   39  hours as required by the court.
   40         (2) Any victim of a crash that causes death or serious
   41  bodily injury or the victim’s lawful representative, including
   42  the next of kin if the victim is deceased, is entitled to be
   43  informed, to be present, and to be heard, when relevant, at all
   44  crucial stages of a judicial hearing, to the extent that such
   45  rights do not interfere with the constitutional rights of the
   46  accused. The state attorney, if applicable, shall consult the
   47  victim or the victim’s lawful representative about the
   48  disposition of such case.
   49         (3) This section does not prohibit a person from being
   50  charged with, convicted of, or punished for any other violation
   51  of law.
   52         Section 2. This act shall take effect July 1, 2010.