Bill Text: FL S0102 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Drivers Leaving the Scene of a Crash

Spectrum: Bipartisan Bill

Status: (Passed) 2014-06-24 - Chapter No. 2014-225 [S0102 Detail]

Download: Florida-2014-S0102-Introduced.html

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       Florida Senate - 2014                                     SB 102
       
       
        
       By Senator Diaz de la Portilla
       
       
       
       
       
       40-00010-14                                            2014102__
    1                        A bill to be entitled                      
    2         An act relating to drivers leaving the scene of a
    3         crash; creating the “Aaron Cohen Life Protection Act”;
    4         amending s. 316.027, F.S.; defining the terms “serious
    5         bodily injury” and “vulnerable road user”; requiring
    6         the driver of a vehicle involved in a crash that
    7         results in serious bodily injury to a person to
    8         immediately stop the vehicle and remain at the scene
    9         of the crash; providing that a person commits a felony
   10         of the second degree if he or she fails to stop the
   11         vehicle and remain at the scene of the crash;
   12         requiring the court to impose a mandatory minimum term
   13         of imprisonment under certain circumstances; requiring
   14         the revocation of the driver’s driver license;
   15         requiring the driver to participate in specified
   16         programs; amending s. 322.28, F.S.; requiring the
   17         court to revoke for at least 3 years the driver
   18         license of a person convicted of leaving the scene of
   19         a crash involving injury, serious bodily injury, or
   20         death; amending and reenacting s. 322.34(6), F.S.,
   21         relating to driving while a driver license is
   22         suspended, revoked, canceled, or disqualified, to
   23         incorporate the amendment to s. 322.28, F.S., in a
   24         reference thereto; amending s. 921.0022, F.S.;
   25         revising the offense severity ranking chart;
   26         conforming a cross-reference; providing an effective
   27         date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. This act may be cited as the “Aaron Cohen Life
   32  Protection Act.”
   33         Section 2. Section 316.027, Florida Statutes, is amended to
   34  read:
   35         316.027 Crash involving death or personal injuries.—
   36         (1) As used in this section, the term:
   37         (a) “Serious bodily injury” means an injury to a person,
   38  including the driver, which consists of a physical condition
   39  that creates a substantial risk of death, serious personal
   40  disfigurement, or protracted loss or impairment of the function
   41  of a bodily member or organ.
   42         (b) “Vulnerable road user” means:
   43         1. A pedestrian, including a person actually engaged in
   44  work upon a highway, or in work upon utility facilities along a
   45  highway, or engaged in the provision of emergency services
   46  within the right-of-way;
   47         2. A person operating a bicycle, motorcycle, scooter, or
   48  moped lawfully on the roadway;
   49         3. A person riding an animal; or
   50         4. A person lawfully operating on a public right-of-way,
   51  crosswalk, or shoulder of the roadway:
   52         a. A farm tractor or similar vehicle designed primarily for
   53  farm use;
   54         b. A skateboard, roller skates, in-line skates;
   55         c. A horse-drawn carriage;
   56         d. An electric personal assistive mobility device; or
   57         e. A wheelchair.
   58         (2)(1)(a) The driver of a any vehicle involved in a crash
   59  occurring on public or private property which that results in
   60  injury to a of any person other than serious bodily injury shall
   61  must immediately stop the vehicle at the scene of the crash, or
   62  as close thereto as possible, and shall must remain at the scene
   63  of the crash until he or she has fulfilled the requirements of
   64  s. 316.062. A Any person who willfully violates this paragraph
   65  commits a felony of the third degree, punishable as provided in
   66  s. 775.082, s. 775.083, or s. 775.084.
   67         (b) The driver of a vehicle involved in a crash occurring
   68  on public or private property which results in serious bodily
   69  injury to a person shall immediately stop the vehicle at the
   70  scene of the crash, or as close thereto as possible, and shall
   71  remain at the scene of the crash until he or she has fulfilled
   72  the requirements of s. 316.062. A person who willfully violates
   73  this paragraph commits a felony of the second degree, punishable
   74  as provided in s. 775.082, s. 775.083, or s. 775.084.
   75         (c)(b) The driver of a any vehicle involved in a crash
   76  occurring on public or private property which that results in
   77  the death of a any person shall must immediately stop the
   78  vehicle at the scene of the crash, or as close thereto as
   79  possible, and shall must remain at the scene of the crash until
   80  he or she has fulfilled the requirements of s. 316.062. A person
   81  who is arrested for a violation of this paragraph and who has
   82  previously been convicted of a violation of this section, s.
   83  316.061, s. 316.191, or s. 316.193, or a felony violation of s.
   84  322.34, shall be held in custody until brought before the court
   85  for admittance to bail in accordance with chapter 903. A Any
   86  person who willfully violates this paragraph commits a felony of
   87  the first degree, punishable as provided in s. 775.082, s.
   88  775.083, or s. 775.084. A Any person who willfully commits such
   89  a violation while driving under the influence as set forth in s.
   90  316.193(1) shall be sentenced to a mandatory minimum term of
   91  imprisonment of 10 2 years.
   92         (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of a
   93  vehicle violates paragraph (a), or paragraph (b), or paragraph
   94  (c), the court shall order the driver to make restitution to the
   95  victim for any damage or loss unless the court finds clear and
   96  compelling reasons not to order the restitution. Restitution may
   97  be monetary or nonmonetary restitution. The court shall make the
   98  payment of restitution a condition of probation in accordance
   99  with s. 948.03. An order requiring the defendant to make
  100  restitution to a victim does not remove or diminish the
  101  requirement that the court order payment to the Crimes
  102  Compensation Trust Fund under chapter 960. Payment of an award
  103  by the Crimes Compensation Trust Fund creates an order of
  104  restitution to the Crimes Compensation Trust Fund unless
  105  specifically waived in accordance with s. 775.089(1)(b).
  106         (e) A driver who violates paragraph (a), paragraph (b), or
  107  paragraph (c) shall:
  108         1. Serve a mandatory minimum term of imprisonment of:
  109         a. Three years if the crash results in injury to a person;
  110         b. Seven years if the crash results in serious bodily
  111  injury to a person; or
  112         c. Ten years if the crash results in the death of a person;
  113         2. Have his or her driver license revoked for a minimum
  114  period of at least 3 years as provided in s. 322.28(4);
  115         3. Participate in a victim’s impact panel session in a
  116  judicial circuit if such panel exists; or
  117         4. Participate in a driver education course relating to the
  118  rights of vulnerable road users relative to vehicles on the
  119  roadway.
  120         (2) The department shall revoke the driver’s license of the
  121  person so convicted.
  122         (3) The stops shall Every stop must be made without
  123  unnecessarily obstructing traffic more than is necessary, and,
  124  if a damaged vehicle is obstructing traffic, the driver of the
  125  vehicle shall must make every reasonable effort to move the
  126  vehicle or have it moved so as not to obstruct the regular flow
  127  of traffic. A Any person who fails to comply with this
  128  subsection shall be cited for a nonmoving violation, punishable
  129  as provided in chapter 318.
  130         (4) In addition to any other civil, criminal, or
  131  administrative penalty imposed, a person whose commission of a
  132  noncriminal traffic infraction or a any violation of this
  133  chapter or s. 1006.66 causes or results in the death of another
  134  person may, in addition to any other civil, criminal, or
  135  administrative penalty imposed, be required by the court to
  136  serve 120 community service hours in a trauma center or hospital
  137  that regularly receives victims of vehicle accidents, under the
  138  supervision of a registered nurse, an emergency room physician,
  139  or an emergency medical technician pursuant to a voluntary
  140  community service program operated by the trauma center or
  141  hospital.
  142         (5) This section does not apply to crashes occurring during
  143  a motorsports event, as defined in s. 549.10(1), or at a closed
  144  course motorsport facility, as defined in s. 549.09(1).
  145         Section 3. Subsection (4) of section 322.28, Florida
  146  Statutes, is amended to read:
  147         322.28 Period of suspension or revocation.—
  148         (4)(a) Upon a conviction for a violation of s.
  149  316.193(3)(c)2., involving serious bodily injury, a conviction
  150  of manslaughter resulting from the operation of a motor vehicle,
  151  or a conviction of vehicular homicide, the court shall revoke
  152  the driver license of the person convicted for a minimum period
  153  of 3 years. If a conviction under s. 316.193(3)(c)2., involving
  154  serious bodily injury, is also a subsequent conviction as
  155  described under paragraph (2)(a), the court shall revoke the
  156  driver license or driving privilege of the person convicted for
  157  the period applicable as provided in paragraph (2)(a) or
  158  paragraph (2)(d).
  159         (b) Upon a conviction for a violation of s. 316.027(2)(a),
  160  s. 316.027(2)(b), or s. 316.027(2)(c) involving injury, serious
  161  bodily injury, or death, the court shall revoke the driver
  162  license of the person convicted for a minimum period of 3 years.
  163         (c)(b) If the period of revocation was not specified by the
  164  court at the time of imposing sentence or within 30 days
  165  thereafter, the department shall revoke the driver license for
  166  the minimum period applicable under paragraph (a) or paragraph
  167  (b) or, for a subsequent conviction, for the minimum period
  168  applicable under paragraph (2)(a) or paragraph (2)(d).
  169         Section 4. For the purpose of incorporating the amendment
  170  made by this act to section 322.28, Florida Statutes, in a
  171  reference thereto, subsection (6) of section 322.34, Florida
  172  Statutes, is reenacted and amended to read:
  173         322.34 Driving while license suspended, revoked, canceled,
  174  or disqualified.—
  175         (6) Any person who operates a motor vehicle:
  176         (a) Without having a driver’s license as required under s.
  177  322.03; or
  178         (b) While his or her driver’s license or driving privilege
  179  is canceled, suspended, or revoked pursuant to s. 316.655, s.
  180  322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
  181  
  182  and who by careless or negligent operation of the motor vehicle
  183  causes the death of or serious bodily injury to another human
  184  being commits is guilty of a felony of the third degree,
  185  punishable as provided in s. 775.082 or s. 775.083.
  186         Section 5. Paragraphs (f) and (g) of subsection (3) of
  187  section 921.0022, Florida Statutes, are amended to read:
  188         921.0022 Criminal Punishment Code; offense severity ranking
  189  chart.—
  190         (3) OFFENSE SEVERITY RANKING CHART
  191         (f) LEVEL 6
  192                                                                     
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  377         Section 6. This act shall take effect July 1, 2014.