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.