Bill Text: FL S0290 | 2010 | Regular Session | Engrossed
Bill Title: Florida Unborn Victims of Violence Act [SPSC]
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2010-04-30 - Died in Messages [S0290 Detail]
Download: Florida-2010-S0290-Engrossed.html
CS for SB 290 First Engrossed 2010290e1 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; amending ss. 316.193, 435.03, 435.04, and 9 921.0022, F.S.; conforming terminology; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. This act may be cited as the “Florida Unborn 15 Victims of Violence Act.” 16 Section 2. Section 782.071, Florida Statutes, is amended to 17 read: 18 782.071 Vehicular homicide.—“Vehicular homicide” is the 19 killing of a human being, or the killing of an unborn childa20viable fetusby any injury to the mother, caused by the 21 operation of a motor vehicle by another in a reckless manner 22 likely to cause the death of, or great bodily harm to, another. 23 (1) Vehicular homicide is: 24 (a) A felony of the second degree, punishable as provided 25 in s. 775.082, s. 775.083, or s. 775.084. 26 (b) A felony of the first degree, punishable as provided in 27 s. 775.082, s. 775.083, or s. 775.084, if: 28 1. At the time of the accident, the person knew, or should 29 have known, that the accident occurred; and 30 2. The person failed to give information and render aid as 31 required by s. 316.062. 32 33 This paragraph does not require that the person knew that the 34 accident resulted in injury or death. 35 (2) For purposes of this section, the term “unborn child” 36 means a member of the species homo sapiens, at any stage of 37 development, who is carried in the womba fetus is viable when38it becomes capable of meaningful life outside the womb through39standard medical measures. This definition does not apply to any 40 other statute unless the definition is made applicable through a 41 cross-reference to this section. 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 shall not be construed to 45 create or expand any civil cause of action for negligence based 46 on statute or 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 unbornquickchild by injury to mother.— 57 (1) The unlawful killing of an unbornquickchild, 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 unbornquickchild 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 unbornquickchild 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 unbornquick79 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 unbornquickchild 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 “unbornquickchild” means a member of the species homo 91 sapiens, at any stage of development, who is carried in the womb 92shall be determined in accordance with the definition of viable93fetus as set forth in s.782.071. 94 Section 4. Subsection (3) of section 316.193, Florida 95 Statutes, is amended to read: 96 316.193 Driving under the influence; penalties.— 97 (3) Any person: 98 (a) Who is in violation of subsection (1); 99 (b) Who operates a vehicle; and 100 (c) Who, by reason of such operation, causes or contributes 101 to causing: 102 1. Damage to the property or person of another commits a 103 misdemeanor of the first degree, punishable as provided in s. 104 775.082 or s. 775.083. 105 2. Serious bodily injury to another, as defined in s. 106 316.1933, commits a felony of the third degree, punishable as 107 provided in s. 775.082, s. 775.083, or s. 775.084. 108 3. The death of any human being or unbornquickchild 109 commits DUI manslaughter, and commits: 110 a. A felony of the second degree, punishable as provided in 111 s. 775.082, s. 775.083, or s. 775.084. 112 b. A felony of the first degree, punishable as provided in 113 s. 775.082, s. 775.083, or s. 775.084, if: 114 (I) At the time of the crash, the person knew, or should 115 have known, that the crash occurred; and 116 (II) The person failed to give information and render aid 117 as required by s. 316.062. 118 119 For purposes of this subsection, the definition of the term 120 “unbornquickchild” shall be determined in accordance with the 121 definition of an unborn childviable fetusas set forth in s. 122 782.071. A person who is convicted of DUI manslaughter shall be 123 sentenced to a mandatory minimum term of imprisonment of 4 124 years. 125 Section 5. Paragraph (g) of subsection (2) of section 126 435.03, Florida Statutes, is amended to read: 127 435.03 Level 1 screening standards.— 128 (2) Any person for whom employment screening is required by 129 statute must not have been found guilty of, regardless of 130 adjudication, or entered a plea of nolo contendere or guilty to, 131 any offense prohibited under any of the following provisions of 132 the Florida Statutes or under any similar statute of another 133 jurisdiction: 134 (g) Section 782.09, relating to killing of an unbornquick135 child by injury to the mother. 136 Section 6. Paragraph (g) of subsection (2) of section 137 435.04, Florida Statutes, is amended to read: 138 435.04 Level 2 screening standards.— 139 (2) The security background investigations under this 140 section must ensure that no persons subject to the provisions of 141 this section have been found guilty of, regardless of 142 adjudication, or entered a plea of nolo contendere or guilty to, 143 any offense prohibited under any of the following provisions of 144 the Florida Statutes or under any similar statute of another 145 jurisdiction: 146 (g) Section 782.09, relating to killing of an unbornquick147 child by injury to the mother. 148 Section 7. Paragraph (g) of subsection (3) of section 149 921.0022, Florida Statutes, is amended to read: 150 921.0022 Criminal Punishment Code; offense severity ranking 151 chart.— 152 (3) OFFENSE SEVERITY RANKING CHART 153 (g) LEVEL 7 154 FloridaStatute FelonyDegree Description 155 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene. 156 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 157 316.1935(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. 158 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 159 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 160 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 161 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 162 456.065(2) 3rd Practicing a health care profession without a license. 163 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 164 458.327(1) 3rd Practicing medicine without a license. 165 459.013(1) 3rd Practicing osteopathic medicine without a license. 166 460.411(1) 3rd Practicing chiropractic medicine without a license. 167 461.012(1) 3rd Practicing podiatric medicine without a license. 168 462.17 3rd Practicing naturopathy without a license. 169 463.015(1) 3rd Practicing optometry without a license. 170 464.016(1) 3rd Practicing nursing without a license. 171 465.015(2) 3rd Practicing pharmacy without a license. 172 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 173 467.201 3rd Practicing midwifery without a license. 174 468.366 3rd Delivering respiratory care services without a license. 175 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 176 483.901(9) 3rd Practicing medical physics without a license. 177 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 178 484.053 3rd Dispensing hearing aids without a license. 179 494.0018(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. 180 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 181 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 182 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 183 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations. 184 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 185 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 186 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 187 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 188 782.071 2nd Killing of a human being or unborn childviable fetusby the operation of a motor vehicle in a reckless manner (vehicular homicide). 189 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 190 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 191 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 192 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 193 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 194 784.048(7) 3rd Aggravated stalking; violation of court order. 195 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 196 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 197 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 198 784.081(1) 1st Aggravated battery on specified official or employee. 199 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 200 784.083(1) 1st Aggravated battery on code inspector. 201 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 202 790.16(1) 1st Discharge of a machine gun under specified circumstances. 203 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 204 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 205 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 206 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 207 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 208 794.08(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. 209 796.03 2nd Procuring any person under 16 years for prostitution. 210 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. 211 800.04(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. 212 806.01(2) 2nd Maliciously damage structure by fire or explosive. 213 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 214 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 215 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 216 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 217 812.014(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. 218 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 219 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 220 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 221 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 222 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 223 812.131(2)(a) 2nd Robbery by sudden snatching. 224 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 225 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 226 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 227 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 228 817.2341(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. 229 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 230 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. 231 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 232 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 233 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 234 838.015 2nd Bribery. 235 838.016 2nd Unlawful compensation or reward for official behavior. 236 838.021(3)(a) 2nd Unlawful harm to a public servant. 237 838.22 2nd Bid tampering. 238 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 239 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 240 872.06 2nd Abuse of a dead human body. 241 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 242 893.13(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. 243 893.13(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. 244 893.13(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). 245 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 246 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 247 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 248 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams. 249 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. 250 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams. 251 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 252 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 253 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 254 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 255 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 256 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 257 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 258 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 259 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 260 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 261 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 262 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 263 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 264 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 265 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 266 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 267 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 268 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 269 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 270 Section 8. This act shall take effect October 1, 2010.
