Florida Senate - 2012                                     SB 234
       
       
       
       By Senator Fasano
       
       
       
       
       11-00097A-12                                           2012234__
    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         relating to vehicular homicide; defining the term
    5         “unborn child” for specified purposes; revising
    6         terminology to refer to “unborn child” rather than
    7         “viable fetus”; providing legislative intent; amending
    8         s. 782.09, F.S.; revising terminology; providing that
    9         certain offenses relating to the killing of an unborn
   10         child by injury to the mother do not require specified
   11         knowledge or intent or death of the mother; amending
   12         ss. 316.193, 435.04, and 921.0022, F.S.; conforming
   13         terminology; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. This act may be cited as the “Florida Unborn
   18  Victims of Violence Act.”
   19         Section 2. Section 782.071, Florida Statutes, is amended to
   20  read:
   21         782.071 Vehicular homicide.—“Vehicular homicide” is the
   22  killing of a human being, or the killing of an unborn child a
   23  viable fetus by any injury to the mother, caused by the
   24  operation of a motor vehicle by another in a reckless manner
   25  likely to cause the death of, or great bodily harm to, another.
   26         (1) Vehicular homicide is:
   27         (a) A felony of the second degree, punishable as provided
   28  in s. 775.082, s. 775.083, or s. 775.084.
   29         (b) A felony of the first degree, punishable as provided in
   30  s. 775.082, s. 775.083, or s. 775.084, if:
   31         1. At the time of the accident, the person knew, or should
   32  have known, that the accident occurred; and
   33         2. The person failed to give information and render aid as
   34  required by s. 316.062.
   35  
   36  This paragraph does not require that the person knew that the
   37  accident resulted in injury or death.
   38         (2) For purposes of this section, the term “unborn child”
   39  means the unborn offspring of a human being at any stage of
   40  gestation from fertilization until birth a fetus is viable when
   41  it becomes capable of meaningful life outside the womb through
   42  standard medical measures.
   43         (3) A right of action for civil damages shall exist under
   44  s. 768.19, under all circumstances, for all deaths described in
   45  this section. However, this section does not create or expand
   46  any civil cause of action for negligence based on statute or
   47  common law.
   48         (4) In addition to any other punishment, the court may
   49  order the person to serve 120 community service hours in a
   50  trauma center or hospital that regularly receives victims of
   51  vehicle accidents, under the supervision of a registered nurse,
   52  an emergency room physician, or an emergency medical technician
   53  pursuant to a voluntary community service program operated by
   54  the trauma center or hospital.
   55         Section 3. Section 782.09, Florida Statutes, is amended to
   56  read:
   57         782.09 Killing of unborn quick child by injury to mother.—
   58         (1) The unlawful killing of an unborn quick child, by any
   59  injury to the mother of such child which would be murder if it
   60  resulted in the death of such mother, shall be deemed murder in
   61  the same degree as that which would have been committed against
   62  the mother. Any person, other than the mother, who unlawfully
   63  kills an unborn quick child by any injury to the mother:
   64         (a) Which would be murder in the first degree constituting
   65  a capital felony if it resulted in the mother’s death commits
   66  murder in the first degree constituting a capital felony,
   67  punishable as provided in s. 775.082.
   68         (b) Which would be murder in the second degree if it
   69  resulted in the mother’s death commits murder in the second
   70  degree, a felony of the first degree, punishable as provided in
   71  s. 775.082, s. 775.083, or s. 775.084.
   72         (c) Which would be murder in the third degree if it
   73  resulted in the mother’s death commits murder in the third
   74  degree, a felony of the second degree, punishable as provided in
   75  s. 775.082, s. 775.083, or s. 775.084.
   76         (2) The unlawful killing of an unborn quick child by any
   77  injury to the mother of such child which would be manslaughter
   78  if it resulted in the death of such mother is shall be deemed
   79  manslaughter. A person who unlawfully kills an unborn quick
   80  child by any injury to the mother which would be manslaughter if
   81  it resulted in the mother’s death commits manslaughter, a felony
   82  of the second degree, punishable as provided in s. 775.082, s.
   83  775.083, or s. 775.084.
   84         (3) The death of the mother resulting from the same act or
   85  criminal episode that caused the death of the unborn quick child
   86  does not bar prosecution under this section.
   87         (4) This section does not authorize the prosecution of any
   88  person in connection with a termination of pregnancy pursuant to
   89  chapter 390.
   90         (5) For purposes of this section, the definition of the
   91  term “unborn quick child” shall be determined in accordance with
   92  the definition of an unborn child viable fetus as set forth in
   93  s. 782.071.
   94         (6) An offense under this section does not require:
   95         (a) That the person engaging in the conduct:
   96         1. Had knowledge or should have had knowledge that the
   97  mother was pregnant; or
   98         2. Intended to cause the death of, or bodily injury to, the
   99  unborn child.
  100         (b) The death of the mother.
  101         Section 4. Subsection (3) of section 316.193, Florida
  102  Statutes, is amended to read:
  103         316.193 Driving under the influence; penalties.—
  104         (3) Any person:
  105         (a) Who is in violation of subsection (1);
  106         (b) Who operates a vehicle; and
  107         (c) Who, by reason of such operation, causes or contributes
  108  to causing:
  109         1. Damage to the property or person of another commits a
  110  misdemeanor of the first degree, punishable as provided in s.
  111  775.082 or s. 775.083.
  112         2. Serious bodily injury to another, as defined in s.
  113  316.1933, commits a felony of the third degree, punishable as
  114  provided in s. 775.082, s. 775.083, or s. 775.084.
  115         3. The death of any human being or unborn quick child
  116  commits DUI manslaughter, and commits:
  117         a. A felony of the second degree, punishable as provided in
  118  s. 775.082, s. 775.083, or s. 775.084.
  119         b. A felony of the first degree, punishable as provided in
  120  s. 775.082, s. 775.083, or s. 775.084, if:
  121         (I) At the time of the crash, the person knew, or should
  122  have known, that the crash occurred; and
  123         (II) The person failed to give information and render aid
  124  as required by s. 316.062.
  125  
  126  For purposes of this subsection, the definition of the term
  127  “unborn quick child” shall be determined in accordance with the
  128  definition of an unborn child viable fetus as set forth in s.
  129  782.071. A person who is convicted of DUI manslaughter shall be
  130  sentenced to a mandatory minimum term of imprisonment of 4
  131  years.
  132         Section 5. Paragraph (g) of subsection (2) of section
  133  435.04, Florida Statutes, is amended to read:
  134         435.04 Level 2 screening standards.—
  135         (2) The security background investigations under this
  136  section must ensure that no persons subject to the provisions of
  137  this section have been arrested for and are awaiting final
  138  disposition of, have been found guilty of, regardless of
  139  adjudication, or entered a plea of nolo contendere or guilty to,
  140  or have been adjudicated delinquent and the record has not been
  141  sealed or expunged for, any offense prohibited under any of the
  142  following provisions of state law or similar law of another
  143  jurisdiction:
  144         (g) Section 782.09, relating to killing of an unborn quick
  145  child by injury to the mother.
  146         Section 6. Paragraph (g) of subsection (3) of section
  147  921.0022, Florida Statutes, is amended to read:
  148         921.0022 Criminal Punishment Code; offense severity ranking
  149  chart.—
  150         (3) OFFENSE SEVERITY RANKING CHART
  151         (g) LEVEL 7
  152  FloridaStatute   FelonyDegree                Description                
  153  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  154  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  155  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.
  156  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  157  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  158  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  159  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  160  456.065(2)          3rd   Practicing a health care profession without a license.
  161  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  162  458.327(1)          3rd   Practicing medicine without a license.     
  163  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  164  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  165  461.012(1)          3rd   Practicing podiatric medicine without a license.
  166  462.17              3rd   Practicing naturopathy without a license.  
  167  463.015(1)          3rd   Practicing optometry without a license.    
  168  464.016(1)          3rd   Practicing nursing without a license.      
  169  465.015(2)          3rd   Practicing pharmacy without a license.     
  170  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  171  467.201             3rd   Practicing midwifery without a license.    
  172  468.366             3rd   Delivering respiratory care services without a license.
  173  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  174  483.901(9)          3rd   Practicing medical physics without a license.
  175  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  176  484.053             3rd   Dispensing hearing aids without a license. 
  177  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.
  178  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.
  179  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  180  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  181  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  182  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  183  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  184  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  185  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  186  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).
  187  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  188  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  189  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  190  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  191  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  192  784.048(7)          3rd   Aggravated stalking; violation of court order.
  193  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  194  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  195  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  196  784.081(1)          1st   Aggravated battery on specified official or employee.
  197  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  198  784.083(1)          1st   Aggravated battery on code inspector.      
  199  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  200  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  201  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  202  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  203  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  204  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  205  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  206  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.
  207  796.03              2nd   Procuring any person under 16 years for prostitution.
  208  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  209  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.
  210  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  211  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  212  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  213  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  214  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  215  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.
  216  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  217  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  218  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  219  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  220  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  221  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  222  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  223  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  224  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  225  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  226  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.
  227  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  228  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.
  229  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  230  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  231  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  232  838.015             2nd   Bribery.                                   
  233  838.016             2nd   Unlawful compensation or reward for official behavior.
  234  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  235  838.22              2nd   Bid tampering.                             
  236  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  237  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  238  872.06              2nd   Abuse of a dead human body.                
  239  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  240  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.
  241  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.
  242  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).
  243  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  244  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  245  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  246  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  247  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  248  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  249  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  250  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  251  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  252  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  253  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  254  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  255  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  256  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  257  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  258  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  259  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  260  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  261  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  262  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  263  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  264  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  265  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  266  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  267  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  268         Section 7. This act shall take effect October 1, 2012.