Bill Text: FL H0141 | 2010 | Regular Session | Introduced


Bill Title: Offenses Against Unborn Children

Spectrum: Partisan Bill (Republican 12-0)

Status: (Failed) 2010-04-30 - Died in Committee on Public Safety & Domestic Security Policy (CCJP) [H0141 Detail]

Download: Florida-2010-H0141-Introduced.html
HB 141
1
A bill to be entitled
2An act relating to offenses against unborn children;
3providing a short title; amending s. 782.071, F.S.;
4defining the term "unborn child" for purposes of vehicular
5homicide; revising terminology to refer to "unborn child"
6rather than "viable fetus"; providing construction;
7amending s. 782.09, F.S.; revising terminology; providing
8that certain offenses relating to the killing of an unborn
9child by injury to the mother do not require specified
10knowledge or intent; amending ss. 316.193, 435.03, 435.04,
11and 921.0022, F.S.; conforming terminology; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. This act may be cited as the "Florida Unborn
17Victims of Violence Act."
18 Section 2. Section 782.071, Florida Statutes, is amended
19to read:
20 782.071 Vehicular homicide.--"Vehicular homicide" is the
21killing of a human being, or the killing of an unborn child a
22viable fetus by any injury to the mother, caused by the
23operation of a motor vehicle by another in a reckless manner
24likely 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
27in s. 775.082, s. 775.083, or s. 775.084.
28 (b) A felony of the first degree, punishable as provided
29in s. 775.082, s. 775.083, or s. 775.084, if:
30 1. At the time of the accident, the person knew, or should
31have known, that the accident occurred; and
32 2. The person failed to give information and render aid as
33required by s. 316.062.
34
35This paragraph does not require that the person knew that the
36accident resulted in injury or death.
37 (2) For purposes of this section, the term "unborn child"
38means a member of the species homo sapiens, at any stage of
39development, who is carried in the womb a fetus is viable when
40it becomes capable of meaningful life outside the womb through
41standard medical measures.
42 (3) A right of action for civil damages shall exist under
43s. 768.19, under all circumstances, for all deaths described in
44this section. However, this section shall not be construed to
45create or expand any civil cause of action for negligence based
46on statute or common law.
47 (4) In addition to any other punishment, the court may
48order the person to serve 120 community service hours in a
49trauma center or hospital that regularly receives victims of
50vehicle accidents, under the supervision of a registered nurse,
51an emergency room physician, or an emergency medical technician
52pursuant to a voluntary community service program operated by
53the trauma center or hospital.
54 Section 3. Section 782.09, Florida Statutes, is amended to
55read:
56 782.09 Killing of unborn quick child by injury to
57mother.--
58 (1) The unlawful killing of an unborn quick child, by any
59injury to the mother of such child which would be murder if it
60resulted in the death of such mother, shall be deemed murder in
61the same degree as that which would have been committed against
62the mother. Any person, other than the mother, who unlawfully
63kills an unborn quick child by any injury to the mother:
64 (a) Which would be murder in the first degree constituting
65a capital felony if it resulted in the mother's death commits
66murder in the first degree constituting a capital felony,
67punishable as provided in s. 775.082.
68 (b) Which would be murder in the second degree if it
69resulted in the mother's death commits murder in the second
70degree, a felony of the first degree, punishable as provided in
71s. 775.082, s. 775.083, or s. 775.084.
72 (c) Which would be murder in the third degree if it
73resulted in the mother's death commits murder in the third
74degree, a felony of the second degree, punishable as provided in
75s. 775.082, s. 775.083, or s. 775.084.
76 (2) The unlawful killing of an unborn quick child by any
77injury to the mother of such child which would be manslaughter
78if it resulted in the death of such mother shall be deemed
79manslaughter. A person who unlawfully kills an unborn quick
80child by any injury to the mother which would be manslaughter if
81it resulted in the mother's death commits manslaughter, a felony
82of the second degree, punishable as provided in s. 775.082, s.
83775.083, or s. 775.084.
84 (3) The death of the mother resulting from the same act or
85criminal episode that caused the death of the unborn quick child
86does not bar prosecution under this section.
87 (4) This section does not authorize the prosecution of any
88person in connection with a termination of pregnancy pursuant to
89chapter 390.
90 (5) For purposes of this section, the definition of the
91term "unborn quick child" shall be determined in accordance with
92the definition of an unborn child viable fetus as set forth in
93s. 782.071.
94 (6) An offense under this section does not require that
95the person engaging in the conduct:
96 (a) Had knowledge or should have had knowledge that the
97victim of the underlying offense was pregnant; or
98 (b) Intended to cause the death of, or bodily injury to,
99the unborn child.
100 Section 4. Subsection (3) of section 316.193, Florida
101Statutes, is amended to read:
102 316.193 Driving under the influence; penalties.--
103 (3) Any person:
104 (a) Who is in violation of subsection (1);
105 (b) Who operates a vehicle; and
106 (c) Who, by reason of such operation, causes or
107contributes to causing:
108 1. Damage to the property or person of another commits a
109misdemeanor of the first degree, punishable as provided in s.
110775.082 or s. 775.083.
111 2. Serious bodily injury to another, as defined in s.
112316.1933, commits a felony of the third degree, punishable as
113provided in s. 775.082, s. 775.083, or s. 775.084.
114 3. The death of any human being or unborn quick child
115commits DUI manslaughter, and commits:
116 a. A felony of the second degree, punishable as provided
117in s. 775.082, s. 775.083, or s. 775.084.
118 b. A felony of the first degree, punishable as provided in
119s. 775.082, s. 775.083, or s. 775.084, if:
120 (I) At the time of the crash, the person knew, or should
121have known, that the crash occurred; and
122 (II) The person failed to give information and render aid
123as required by s. 316.062.
124
125For purposes of this subsection, the definition of the term
126"unborn quick child" shall be determined in accordance with the
127definition of an unborn child viable fetus as set forth in s.
128782.071. A person who is convicted of DUI manslaughter shall be
129sentenced to a mandatory minimum term of imprisonment of 4
130years.
131 Section 5. Paragraph (g) of subsection (2) of section
132435.03, Florida Statutes, is amended to read:
133 435.03 Level 1 screening standards.--
134 (2) Any person for whom employment screening is required
135by statute must not have been found guilty of, regardless of
136adjudication, or entered a plea of nolo contendere or guilty to,
137any offense prohibited under any of the following provisions of
138the Florida Statutes or under any similar statute of another
139jurisdiction:
140 (g) Section 782.09, relating to killing of an unborn quick
141child by injury to the mother.
142 Section 6. Paragraph (g) of subsection (2) of section
143435.04, Florida Statutes, is amended to read:
144 435.04 Level 2 screening standards.--
145 (2) The security background investigations under this
146section must ensure that no persons subject to the provisions of
147this section have been found guilty of, regardless of
148adjudication, or entered a plea of nolo contendere or guilty to,
149any offense prohibited under any of the following provisions of
150the Florida Statutes or under any similar statute of another
151jurisdiction:
152 (g) Section 782.09, relating to killing of an unborn quick
153child by injury to the mother.
154 Section 7. Paragraph (g) of subsection (3) of section
155921.0022, Florida Statutes, is amended to read:
156 921.0022 Criminal Punishment Code; offense severity
157ranking chart.--
158 (3) OFFENSE SEVERITY RANKING CHART
159 (g) LEVEL 7
160
FloridaStatuteFelonyDegreeDescription
161
316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.
162
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
163
316.1935(3)(b)1stCausing 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.
164
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
165
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
166
409.920(2)(b)1.a.3rdMedicaid provider fraud; $10,000 or less.
167
409.920(2)(b)1.b.2ndMedicaid provider fraud; more than $10,000, but less than $50,000.
168
456.065(2)3rdPracticing a health care profession without a license.
169
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
170
458.327(1)3rdPracticing medicine without a license.
171
459.013(1)3rdPracticing osteopathic medicine without a license.
172
460.411(1)3rdPracticing chiropractic medicine without a license.
173
461.012(1)3rdPracticing podiatric medicine without a license.
174
462.173rdPracticing naturopathy without a license.
175
463.015(1)3rdPracticing optometry without a license.
176
464.016(1)3rdPracticing nursing without a license.
177
465.015(2)3rdPracticing pharmacy without a license.
178
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
179
467.2013rdPracticing midwifery without a license.
180
468.3663rdDelivering respiratory care services without a license.
181
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
182
483.901(9)3rdPracticing medical physics without a license.
183
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
184
484.0533rdDispensing hearing aids without a license.
185
494.0018(2)1stConviction 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.
186
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
187
560.125(5)(a)3rdMoney services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
188
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
189
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
190
775.21(10)(b)3rdSexual predator working where children regularly congregate.
191
775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
192
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
193
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
194
782.0712ndKilling of a human being or unborn child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
195
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
196
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
197
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
198
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
199
784.048(4)3rdAggravated stalking; violation of injunction or court order.
200
784.048(7)3rdAggravated stalking; violation of court order.
201
784.07(2)(d)1stAggravated battery on law enforcement officer.
202
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
203
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
204
784.081(1)1stAggravated battery on specified official or employee.
205
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
206
784.083(1)1stAggravated battery on code inspector.
207
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
208
790.16(1)1stDischarge of a machine gun under specified circumstances.
209
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
210
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
211
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
212
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
213
790.231st,PBLPossession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
214
794.08(4)3rdFemale genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
215
796.032ndProcuring any person under 16 years for prostitution.
216
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
217
800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
218
806.01(2)2ndMaliciously damage structure by fire or explosive.
219
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
220
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
221
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
222
810.02(3)(e)2ndBurglary of authorized emergency vehicle.
223
812.014(2)(a)1.1stProperty 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.
224
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
225
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
226
812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.
227
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
228
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
229
812.131(2)(a)2ndRobbery by sudden snatching.
230
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
231
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
232
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
233
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
234
817.2341(2)(b) & (3)(b)1stMaking 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.
235
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
236
825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
237
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
238
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
239
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
240
838.0152ndBribery.
241
838.0162ndUnlawful compensation or reward for official behavior.
242
838.021(3)(a)2ndUnlawful harm to a public servant.
243
838.222ndBid tampering.
244
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
245
847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.
246
872.062ndAbuse of a dead human body.
247
874.101st,PBLKnowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
248
893.13(1)(c)1.1stSell, 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.
249
893.13(1)(e)1.1stSell, 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.
250
893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
251
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
252
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
253
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
254
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
255
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
256
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
257
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
258
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
259
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
260
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
261
893.1351(2)2ndPossession of place for trafficking in or manufacturing of controlled substance.
262
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
263
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
264
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
265
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
266
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
267
943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
268
943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
269
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
270
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
271
944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
272
944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
273
985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.
274
985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
275
985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
276
277 Section 8. This act shall take effect October 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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