Florida Senate - 2011 SB 1094
By Senator Fasano
11-00599A-11 20111094__
1 A bill to be entitled
2 An act relating to offenses against unborn children;
3 providing a short title; amending s. 782.071, F.S.;
4 defining the term “unborn child” for purposes of
5 vehicular homicide; revising terminology to refer to
6 “unborn child” rather than “viable fetus”; providing
7 legislative intent; amending s. 782.09, F.S.; revising
8 terminology; providing that certain offenses relating
9 to the killing of an unborn child by injury to the
10 mother do not require specified knowledge or intent;
11 amending ss. 316.193, 435.04, and 921.0022, F.S.;
12 conforming terminology; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. This act may be cited as the “Florida Unborn
17 Victims of Violence Act.”
18 Section 2. Section 782.071, Florida Statutes, is amended to
19 read:
20 782.071 Vehicular homicide.—“Vehicular homicide” is the
21 killing of a human being, or the killing of an unborn child a
22 viable fetus by any injury to the mother, caused by the
23 operation of a motor vehicle by another in a reckless manner
24 likely to cause the death of, or great bodily harm to, another.
25 (1) Vehicular homicide is:
26 (a) A felony of the second degree, punishable as provided
27 in s. 775.082, s. 775.083, or s. 775.084.
28 (b) A felony of the first degree, punishable as provided in
29 s. 775.082, s. 775.083, or s. 775.084, if:
30 1. At the time of the accident, the person knew, or should
31 have known, that the accident occurred; and
32 2. The person failed to give information and render aid as
33 required by s. 316.062.
34
35 This paragraph does not require that the person knew that the
36 accident resulted in injury or death.
37 (2) For purposes of this section, the term “unborn child”
38 means a member of the species homo sapiens, at any stage of
39 development, who is carried in the womb a fetus is viable when
40 it becomes capable of meaningful life outside the womb through
41 standard medical measures.
42 (3) A right of action for civil damages shall exist under
43 s. 768.19, under all circumstances, for all deaths described in
44 this section. However, this section does not create or expand
45 any civil cause of action for negligence based on statute or
46 common law.
47 (4) In addition to any other punishment, the court may
48 order the person to serve 120 community service hours in a
49 trauma center or hospital that regularly receives victims of
50 vehicle accidents, under the supervision of a registered nurse,
51 an emergency room physician, or an emergency medical technician
52 pursuant to a voluntary community service program operated by
53 the trauma center or hospital.
54 Section 3. Section 782.09, Florida Statutes, is amended to
55 read:
56 782.09 Killing of unborn quick child by injury to mother.—
57 (1) The unlawful killing of an unborn quick child, by any
58 injury to the mother of such child which would be murder if it
59 resulted in the death of such mother, shall be deemed murder in
60 the same degree as that which would have been committed against
61 the mother. Any person, other than the mother, who unlawfully
62 kills an unborn quick child by any injury to the mother:
63 (a) Which would be murder in the first degree constituting
64 a capital felony if it resulted in the mother’s death commits
65 murder in the first degree constituting a capital felony,
66 punishable as provided in s. 775.082.
67 (b) Which would be murder in the second degree if it
68 resulted in the mother’s death commits murder in the second
69 degree, a felony of the first degree, punishable as provided in
70 s. 775.082, s. 775.083, or s. 775.084.
71 (c) Which would be murder in the third degree if it
72 resulted in the mother’s death commits murder in the third
73 degree, a felony of the second degree, punishable as provided in
74 s. 775.082, s. 775.083, or s. 775.084.
75 (2) The unlawful killing of an unborn quick child by any
76 injury to the mother of such child which would be manslaughter
77 if it resulted in the death of such mother shall be deemed
78 manslaughter. A person who unlawfully kills an unborn quick
79 child by any injury to the mother which would be manslaughter if
80 it resulted in the mother’s death commits manslaughter, a felony
81 of the second degree, punishable as provided in s. 775.082, s.
82 775.083, or s. 775.084.
83 (3) The death of the mother resulting from the same act or
84 criminal episode that caused the death of the unborn quick child
85 does not bar prosecution under this section.
86 (4) This section does not authorize the prosecution of any
87 person in connection with a termination of pregnancy pursuant to
88 chapter 390.
89 (5) For purposes of this section, the definition of the
90 term “unborn quick child” shall be determined in accordance with
91 the definition of an unborn child viable fetus as set forth in
92 s. 782.071.
93 (6) An offense under this section does not require that the
94 person engaging in the conduct:
95 (a) Had knowledge or should have had knowledge that the
96 victim of the underlying offense was pregnant; or
97 (b) Intended to cause the death of, or bodily injury to,
98 the unborn child.
99 Section 4. Subsection (3) of section 316.193, Florida
100 Statutes, is amended to read:
101 316.193 Driving under the influence; penalties.—
102 (3) Any person:
103 (a) Who is in violation of subsection (1);
104 (b) Who operates a vehicle; and
105 (c) Who, by reason of such operation, causes or contributes
106 to causing:
107 1. Damage to the property or person of another commits a
108 misdemeanor of the first degree, punishable as provided in s.
109 775.082 or s. 775.083.
110 2. Serious bodily injury to another, as defined in s.
111 316.1933, commits a felony of the third degree, punishable as
112 provided in s. 775.082, s. 775.083, or s. 775.084.
113 3. The death of any human being or unborn quick child
114 commits DUI manslaughter, and commits:
115 a. A felony of the second degree, punishable as provided in
116 s. 775.082, s. 775.083, or s. 775.084.
117 b. A felony of the first degree, punishable as provided in
118 s. 775.082, s. 775.083, or s. 775.084, if:
119 (I) At the time of the crash, the person knew, or should
120 have known, that the crash occurred; and
121 (II) The person failed to give information and render aid
122 as required by s. 316.062.
123
124 For purposes of this subsection, the definition of the term
125 “unborn quick child” shall be determined in accordance with the
126 definition of an unborn child viable fetus as set forth in s.
127 782.071. A person who is convicted of DUI manslaughter shall be
128 sentenced to a mandatory minimum term of imprisonment of 4
129 years.
130 Section 5. Paragraph (g) of subsection (2) of section
131 435.04, Florida Statutes, is amended to read:
132 435.04 Level 2 screening standards.—
133 (2) The security background investigations under this
134 section must ensure that no persons subject to the provisions of
135 this section have been arrested for and are awaiting final
136 disposition of, have been found guilty of, regardless of
137 adjudication, or entered a plea of nolo contendere or guilty to,
138 or have been adjudicated delinquent and the record has not been
139 sealed or expunged for, any offense prohibited under any of the
140 following provisions of state law or similar law of another
141 jurisdiction:
142 (g) Section 782.09, relating to killing of an unborn quick
143 child by injury to the mother.
144 Section 6. Paragraph (g) of subsection (3) of section
145 921.0022, Florida Statutes, is amended to read:
146 921.0022 Criminal Punishment Code; offense severity ranking
147 chart.—
148 (3) OFFENSE SEVERITY RANKING CHART
149 (g) LEVEL 7
150 FloridaStatute FelonyDegree Description
151 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
152 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
153 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
154 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
155 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
156 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
157 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
158 456.065(2) 3rd Practicing a health care profession without a license.
159 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
160 458.327(1) 3rd Practicing medicine without a license.
161 459.013(1) 3rd Practicing osteopathic medicine without a license.
162 460.411(1) 3rd Practicing chiropractic medicine without a license.
163 461.012(1) 3rd Practicing podiatric medicine without a license.
164 462.17 3rd Practicing naturopathy without a license.
165 463.015(1) 3rd Practicing optometry without a license.
166 464.016(1) 3rd Practicing nursing without a license.
167 465.015(2) 3rd Practicing pharmacy without a license.
168 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
169 467.201 3rd Practicing midwifery without a license.
170 468.366 3rd Delivering respiratory care services without a license.
171 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
172 483.901(9) 3rd Practicing medical physics without a license.
173 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
174 484.053 3rd Dispensing hearing aids without a license.
175 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
176 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
177 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
178 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
179 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
180 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
181 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
182 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
183 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
184 782.071 2nd Killing of a human being or unborn child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
185 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
186 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
187 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
188 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
189 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
190 784.048(7) 3rd Aggravated stalking; violation of court order.
191 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
192 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
193 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
194 784.081(1) 1st Aggravated battery on specified official or employee.
195 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
196 784.083(1) 1st Aggravated battery on code inspector.
197 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
198 790.16(1) 1st Discharge of a machine gun under specified circumstances.
199 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
200 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
201 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
202 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
203 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
204 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
205 796.03 2nd Procuring any person under 16 years for prostitution.
206 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
207 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
208 806.01(2) 2nd Maliciously damage structure by fire or explosive.
209 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
210 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
211 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
212 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
213 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
214 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
215 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
216 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
217 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
218 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
219 812.131(2)(a) 2nd Robbery by sudden snatching.
220 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
221 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
222 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
223 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
224 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
225 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
226 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
227 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
228 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
229 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
230 838.015 2nd Bribery.
231 838.016 2nd Unlawful compensation or reward for official behavior.
232 838.021(3)(a) 2nd Unlawful harm to a public servant.
233 838.22 2nd Bid tampering.
234 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
235 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
236 872.06 2nd Abuse of a dead human body.
237 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
238 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
239 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
240 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
241 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
242 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
243 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
244 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
245 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
246 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
247 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
248 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
249 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
250 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
251 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
252 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
253 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
254 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
255 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
256 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
257 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
258 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
259 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
260 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
261 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
262 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
263 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
264 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
265 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
266 Section 7. This act shall take effect October 1, 2011.