Bill Text: FL S0162 | 2014 | Regular Session | Introduced
Bill Title: Offenses Against Unborn Children
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-04-23 - Laid on Table, companion bill(s) passed, see CS/HB 59 (Ch. 2014-194) [S0162 Detail]
Download: Florida-2014-S0162-Introduced.html
Florida Senate - 2014 SB 162
By Senator Stargel
15-00115-14 2014162__
1 A bill to be entitled
2 An act relating to offenses against unborn children;
3 providing a short title; amending s. 775.021, F.S.;
4 providing a rule of construction that a person who
5 engages in conduct that violates any provision of the
6 Florida Criminal Code or of a criminal offense defined
7 by another statute and causes the death of, or bodily
8 injury to, an unborn child commits a separate offense
9 if such an offense is not otherwise specifically
10 provided for; providing for criminal penalties for
11 such an offense; specifying that certain types of
12 knowledge or intent are not necessary for such an
13 offense; providing exceptions; providing a definition;
14 amending ss. 316.193, 435.04, 782.071, 782.09, and
15 921.0022, F.S.; defining and substituting the term
16 “unborn child” for similar terms used in provisions
17 relating to driving under the influence, employment
18 background screening standards, vehicular homicide,
19 the killing of an unborn quick child by injury to the
20 child’s mother, and the offense severity ranking chart
21 of the Criminal Punishment Code, respectively;
22 conforming terminology; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. This act may be cited as the “Florida Unborn
27 Victims of Violence Act.”
28 Section 2. Subsection (5) is added to section 775.021,
29 Florida Statutes, to read:
30 775.021 Rules of construction.—
31 (5) Whoever commits an act that violates any provision of
32 this code or commits a criminal offense defined by another
33 statute and thereby causes the death of, or bodily injury to, an
34 unborn child commits a separate offense if the provision or
35 statute does not otherwise specifically provide a separate
36 offense for such death or injury to an unborn child.
37 (a) Except as otherwise provided in this subsection, the
38 punishment for a separate offense under this subsection is the
39 same as the punishment provided under this code or other statute
40 for that conduct had the injury or death occurred to the mother
41 of the unborn child.
42 (b) An offense under this subsection does not require proof
43 that the person engaging in the conduct:
44 1. Had knowledge or should have had knowledge that the
45 victim of the underlying offense was pregnant; or
46 2. Intended to cause the death of, or bodily injury to, the
47 unborn child.
48 (c) Notwithstanding any other provision of law, the death
49 penalty may not be imposed for an offense under this subsection.
50 (d) This subsection does not permit the prosecution:
51 1. Of any person for conduct relating to an abortion for
52 which the consent of the pregnant woman, or a person authorized
53 by law to act on her behalf, has been obtained or for which such
54 consent is implied by law;
55 2. Of any person for any medical treatment of the pregnant
56 woman or her unborn child; or
57 3. Of any woman with respect to her unborn child.
58 (e) As used in this subsection, the term “unborn child”
59 means a member of the species homo sapiens, at any stage of
60 development, who is carried in the womb.
61 Section 3. Subsection (3) of section 316.193, Florida
62 Statutes, is amended to read:
63 316.193 Driving under the influence; penalties.—
64 (3) Any person:
65 (a) Who is in violation of subsection (1);
66 (b) Who operates a vehicle; and
67 (c) Who, by reason of such operation, causes or contributes
68 to causing:
69 1. Damage to the property or person of another commits a
70 misdemeanor of the first degree, punishable as provided in s.
71 775.082 or s. 775.083.
72 2. Serious bodily injury to another, as defined in s.
73 316.1933, commits a felony of the third degree, punishable as
74 provided in s. 775.082, s. 775.083, or s. 775.084.
75 3. The death of any human being or unborn quick child
76 commits DUI manslaughter, and commits:
77 a. A felony of the second degree, punishable as provided in
78 s. 775.082, s. 775.083, or s. 775.084.
79 b. A felony of the first degree, punishable as provided in
80 s. 775.082, s. 775.083, or s. 775.084, if:
81 (I) At the time of the crash, the person knew, or should
82 have known, that the crash occurred; and
83 (II) The person failed to give information and render aid
84 as required by s. 316.062.
85
86 For purposes of this subsection, the definition of the term
87 “unborn quick child” has the same meaning as provided in s.
88 775.021(5) shall be determined in accordance with the definition
89 of viable fetus as set forth in s. 782.071. A person who is
90 convicted of DUI manslaughter shall be sentenced to a mandatory
91 minimum term of imprisonment of 4 years.
92 Section 4. Paragraph (g) of subsection (2) of section
93 435.04, Florida Statutes, is amended to read:
94 435.04 Level 2 screening standards.—
95 (2) The security background investigations under this
96 section must ensure that no persons subject to the provisions of
97 this section have been arrested for and are awaiting final
98 disposition of, have been found guilty of, regardless of
99 adjudication, or entered a plea of nolo contendere or guilty to,
100 or have been adjudicated delinquent and the record has not been
101 sealed or expunged for, any offense prohibited under any of the
102 following provisions of state law or similar law of another
103 jurisdiction:
104 (g) Section 782.09, relating to killing of an unborn quick
105 child by injury to the mother.
106 Section 5. Section 782.071, Florida Statutes, is amended to
107 read:
108 782.071 Vehicular homicide.—“Vehicular homicide” is the
109 killing of a human being, or the killing of an unborn child a
110 viable fetus by an any injury to the mother, caused by the
111 operation of a motor vehicle by another in a reckless manner
112 likely to cause the death of, or great bodily harm to, another.
113 (1) Vehicular homicide is:
114 (a) A felony of the second degree, punishable as provided
115 in s. 775.082, s. 775.083, or s. 775.084.
116 (b) A felony of the first degree, punishable as provided in
117 s. 775.082, s. 775.083, or s. 775.084, if:
118 1. At the time of the accident, the person knew, or should
119 have known, that the accident occurred; and
120 2. The person failed to give information and render aid as
121 required by s. 316.062.
122
123 This paragraph does not require that the person knew that the
124 accident resulted in injury or death.
125 (2) For purposes of this section, the term “unborn child”
126 has the same meaning as provided in s. 775.021(5) a fetus is
127 viable when it becomes capable of meaningful life outside the
128 womb through standard medical measures.
129 (3) A right of action for civil damages shall exist under
130 s. 768.19, under all circumstances, for all deaths described in
131 this section.
132 (4) In addition to any other punishment, the court may
133 order the person to serve 120 community service hours in a
134 trauma center or hospital that regularly receives victims of
135 vehicle accidents, under the supervision of a registered nurse,
136 an emergency room physician, or an emergency medical technician
137 pursuant to a voluntary community service program operated by
138 the trauma center or hospital.
139 Section 6. Section 782.09, Florida Statutes, is amended to
140 read:
141 782.09 Killing of unborn quick child by injury to mother.—
142 (1) The unlawful killing of an unborn quick child, by an
143 any injury to the mother of the such child which would be murder
144 if it resulted in the death of the such mother, shall be deemed
145 murder in the same degree as that which would have been
146 committed against the mother. A Any person, other than the
147 mother, who unlawfully kills an unborn quick child by any injury
148 to the mother:
149 (a) Which would be murder in the first degree constituting
150 a capital felony if it resulted in the mother’s death commits
151 murder in the first degree constituting a capital felony,
152 punishable as provided in s. 775.082.
153 (b) Which would be murder in the second degree if it
154 resulted in the mother’s death commits murder in the second
155 degree, a felony of the first degree, punishable as provided in
156 s. 775.082, s. 775.083, or s. 775.084.
157 (c) Which would be murder in the third degree if it
158 resulted in the mother’s death commits murder in the third
159 degree, a felony of the second degree, punishable as provided in
160 s. 775.082, s. 775.083, or s. 775.084.
161 (2) The unlawful killing of an unborn quick child by any
162 injury to the mother of the such child which would be
163 manslaughter if it resulted in the death of the such mother
164 shall be deemed manslaughter. A person who unlawfully kills an
165 unborn quick child by any injury to the mother which would be
166 manslaughter if it resulted in the mother’s death commits
167 manslaughter, a felony of the second degree, punishable as
168 provided in s. 775.082, s. 775.083, or s. 775.084.
169 (3) The death of the mother resulting from the same act or
170 criminal episode that caused the death of the unborn quick child
171 does not bar prosecution under this section.
172 (4) This section does not authorize the prosecution of any
173 person in connection with a termination of pregnancy pursuant to
174 chapter 390.
175 (5) For purposes of this section, the definition of the
176 term “unborn quick child” has the same meaning as provided in s.
177 775.021(5) shall be determined in accordance with the definition
178 of viable fetus as set forth in s. 782.071.
179 Section 7. Paragraph (g) of subsection (3) of section
180 921.0022, Florida Statutes, is amended to read:
181 921.0022 Criminal Punishment Code; offense severity ranking
182 chart.—
183 (3) OFFENSE SEVERITY RANKING CHART
184 (g) LEVEL 7
185
186
187 FloridaStatute FelonyDegree Description
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313 Section 8. This act shall take effect October 1, 2014.
