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Res 01-96 RESOLUTION NO. 1-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE PALM BEACH COUNTY LEGISLATIVE DELEGATION TO SUPPORT HOUSE BILL #173 AND SENATE BILL #16 IN EFFORTS TO AMEND FLORIDA'S FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT AND RUN AMONG THE ENUMERATED OFFENSES OF SAID STATUTE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 316.027, Florida Statutes, requires the driver of any vehicle involved in an accident resulting in the injury of any person to immediately stop the vehicle and render aid, and also requires the immediate reporting of the accident to the local Police authority; and WHEREAS, failure to comply with Section 316.027, Florida Statutes, may result in the death of an injured person due to the injured person being unable to receive medical attention in a timely manner; and WHEREAS, a death resulting from the carelessness and neglect of a hit and run driver is more appropriately viewed as a homicide. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Palm Beach County Legislative Delegation is hereby urged to support House Bill #173 and Senate Bill #16 in efforts to amend Florida's felony/murder statute (Section 782.04, Florida Statutes) to include the act of vehicular hit and run among the enumerated offenses of said statute. Section 2. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on this the 9th day of January, 1996. ATTEST: ~ City Cl~rk LAKE WORTH 7 NORTH DIXIE HIGHWAY LAKE WORTH. FLORIDA 33460 6ARBARA A. FORSYTHE, CMC TELEPHONE (407) 688-1662 CITY CLERK FAX (407) 586-1750 MEMORANDUM TO: Ail Palm Beach County Municipalities FROM: City Clerk Barbara Forsythe~. DATE: February 22, 1996 SUBJECT: Resolution No. 22-96 In regular meeting held February 20, 1996, the City Corf~fLission adopted Resolution No. 22-96, urging the Palm-Beach County Legis- lative Delegation to support House Bill #173 and Senate Bill #16 in efforts to amend Florida's felony/murder statute (§ 782.04, Florida Statutes) to include the act of vehicular hit and run among the enumerated offenses of said Statute. Enclosed is a copy of the Resolution for your favorable considera- tion. BAF/ble Encl. (1) cc: City Manager City Attorney RECEIVED CITY CLERK 22-96 RESOLUTION NO. 22-96 OF THE CITY OF LAKE WORTH, FLORIDA, URGING THE PALM BEACH COUNTY LEGISLATIVE DELEGATION TO SUPPORT HOUSE BILL #173 AND SENATE BILL #16 IN EFFORTS TO AMEND FLORIDA'S FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT AND RUN AMONG THE ENUMERATED OFFENSES OF SAID STATUTE; EFFECTIVE DATE. WHEREAS, Section 316.027, Florida Statutes, requires the driver of any vehicle involved in an accident resulting., in the injury to any person to immediatoly s,op-L,' "-",~ vehicle and render aid and also requires the immediate reporting of the accident to the local police authority; and WHEREAS, failure to comply with Section 316.027, Florida Statutes, may result in the death of an injured person due to the injured person being unable to receive medical attention in a timely manner; and WHEREAS, a death resulting from the carelessness and neglect of a hit and run driver is more appropriately viewed as a homicide. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LAKE WORTH, FLORIDA, that: Section 1. The City Commission of the City of Lake Worth does hereby urge the Palm Beach County Legislative Delegation to support House Bill #173 and Senate Bill #16 in efforts to amend Florida's felony/murder statute (Section 782.04, Florida Statutes) to include the act of vehicular hit and run among the enumerated offenses of said Statue. Section 2. This Resolution shall take effect immediately upon its passage. The passage of this Resolution was moved by Commissioner Ramiccio, seconded by Commissioner Lowe, and upon being put a vote, the vote was as follows: Mayor Rodney G. Romano AYE Commissioner Retha Lowe AYE Commissioner Robert E. Dovey, Jr. NOT PRESENT Commissioner Tom Ramiccio AYE Commissioner Lloyd A. Clager AYE The Mayor thereupon declared this Resolution duly passed and adopted on the 20th day of February, 1996. Signed this,~l~ day of ~, 1996. ~, -;--- -'.,'.. ') LAKE WORTH CITY COMMISSION '-"'. : £~::'..", '""~ ' , ,,zi~. ..,';,, ' .-.¢' ,, ATTEST: .?';" ',.x ~t' Submitted: February 20, 1996 Sharon ... Re Res. No. 1-96 passed and adopted 1/9/96, a copy should be sent to each member of the Palm Beach County Legislative Delegation, and also a copy to Kathy Daley. Please draft appropriate cover letter. Thank you. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~.,~} SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 9, 1996 RESOLUTION NO. 1-96 DATE: JANUARY 5, 1996 This is before the Commission to adopt a resolution in support of House Bill No. 173 and Senate Bill No. 16 to amend the state's Felony Murder Statute to include the act of vehicular hit and run. The proposed legislation co-sponsored by the Palm Beach County Legislative Delegation amends the Felony Murder Statute (Section 782-04) to include "hit and run" among the enumerated offenses, and eliminates the Statute of Limitations provision. Recommend approval of Resolution No. 1-96 supporting a bill to amend the Felony Murder Statute to include vehicular hit and run. OFFICE OF MAYOR WILLIAM H. WAGNER Mayor December 13, 1995 Mayor Thomas E. Lynch City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 Re: Resolution in support of H.B.#173 & S.B.#16; "Hit & Run" ' / Dear Mayor Lynch: //'~.'~3,,' Enclosed is a package of background information on the "Hit & Run" accident which killed my seventeen year old son, Derdck, on 6th Avenue South, in Lake Worth July 31, 1990; and, the events that followed. Also included is a copy of Lake Park Resolution ~ - 1995, which requests the Palm Beach County Legislative Delegation to "Unanimously Co-sponsor" the aforementioned bills in the 1996 legislative session. This letter is a personal appeal from me to you and your commission to pass a similar resolution. I appeared before the delegation yesterday and they agreed to consider my request at their next meeting. The Senate sponsor is Senator Robert Wexler, and the House sponsor is Representative Bill Andrews. I attended the League of Cities Legislative Concerns Meeting in Tampa on November 16th & 17th where the bills were recommended by the Criminal Justice Committee to the League and it was adopted as one of the League's Prior~es for the coming session. I believe that the problem which exists in Flodda today, is an unforseen effect of the increased penalties for DUI enacted in the late 1980°s. As the penalty is significantly less for "Hit & Run" than under the DUI statutes, The"Bad Guys" run away in hopes of avoiding capture and punishment. If they are subsequently caught (within the 3 year Statute of Limitations) the average time served is only approximately 12 months. The killer of Gall Bjork's daughter, Lisa, served only eleven months. This proposed legislation amends the "Felony Murder Statues" to include "Hit & Run" and eliminates the Statute of Limitations. Even though there is strong evidence to support the allegations against the suspect in Derrick's case, no evidence was brought forth unlJl the Statute of limitations had expired. This legislation will not be retroactive against the suspect in his case. But, I believe the more stringent laws will cause the "Bad Guys" to stop and call for aid within the "Golden Thirty Minutes" in which treatment can save a significant number of lives that are currently lost because of the "Runaways." This is a personal crusade of mine and I will appreciate any support which you can provide. Sincerely, William H. "Will" Wagner The Palm Beach Post FRIDAY, JUNE 23, 1995 New law needed to catch up with hit-and-run murderers By WILLIAM H. WAGNER [ rarely write to newspapers. When I do, it is usually to report on or to respond to some issue in Lake Park. Since last Saturday's news reports on the radio, I feel moved to express understanding and sorrow to the family of Judy Collins of Lake Clarke Shores. I know what they are experiencing. I did not lose a wife. But I lost a son to a hit and run murderer. LOCAL FORUM ,~e you. the reader, shocked at my use of the term murderer? The state of Florida would be. On William H. Wagner is mayor July 31, 1995, about 10:15 p.m., it will be the fifth of Lake Park. He wrote this anniversary of the "incident" that led to the death of article for The Palm Beach my 17-year-old son Derrick approximately 25 hours Post. Mr. Wagner later. The state classifies a hit-and-run accident as a third-degree felony. That means that if the Lake Clarke Shores the neighborhood who heard "tires squeal, (then) Police Department is unable to the sounds stopped, there was a pause, then the locate and charge a suspect with- sound of tires squealing as the vehicle sped away." in 36 months, the statute of limi- In other words, the driver had knowledge of the tations expires, extent of the seriousness of the situation and decid- A statute of limitations on a ed to flee to avoid prosecution. wrongful death or criminal negli- You might wonder why I am spelling out all of gence, you ask? In February this in print. Why would I want to relive that pain 1994, an informant came forward and grief?. The answer is: Because Derrick's case is to identify a suspect in Derrick's not exceptional. It is the norm. Many hit-and-run death. This was reported in the cases are never solved; they simply expire. Only Derrick Wagner papers and electronic media, first-degree felonies have no statute of limitations. The state attorney's office informed the Lake Worth There is a first-degree felony statute under Police Department that it could not proceed with the which it might be-possible to bring charges of felony investigation because it had been 43 months since murder against hit-and-run killers. It was originally the crime. Yet the informant had information about drafted to charge a criminal fleeing another criminal the events both before and after Derrick was struck act, one who kills a person regardless of intent while that were not publicized and that only a member of fleeing. Generally. it has been applied in the deaths the family or someone close to the perpetrator could of police officers. But the state attorney's office possibly know. An example "After the boy was hit. doesn't want to break new ground by applying this the driver came to a complete stop, looked back at law to hit-and-runs. his body lying on the sidewalk, and made a decision I have begun a campaign to amend and clearly to run to avoid being caught." spell out in the felony murder statute that hit-and- The driver made no effort to stop at any time to run resulting in death should be included. inform emergency personnel of the accident, which As we pray for the Collins family in their time of might have resulted in a lessened response time and grief, let us all act to persuade our lawmakers that saved Derr/ck's life. (It is estimated that he lay on we will no longer wink at the crime of hit-and-run by the sidewalk on Sixth Avenue South for 20 to 25 calling it only an accident. It is murder, pure and minutes before the police and paramedics arrived.) simple. It is time to pursue and punish these This was confirmed by interviews with the people in murderers no matter how long it takes. RESOLUTION NO. ~&, 1995 A RESOLUTION OF THE COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, URGING THE PALM BEACH COUNTY LEGISLATIVE DELEGATION TO SUPPORT H.B. #173 AND S.B. #16 IN EFFORTS TO AMEND FLORIDA'S FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT AND RUN AMONG THE ENUMERATED OFFENSES OF SAID STATUTE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 316.027, Florida Statutes requires, the driver of any vehicle involved in an accident resulting in the injury of any person to immediately stop the vehicle and render aid and also requires the immediate reporting of the accident to the .local police authority; WHEREAS, failure to comply with Section 316.027, Florida Statutes may result in the death of an injured person due to the injured person being unable to receive medical attention in a timely manner; and WHEREAS, a death resulting from the carelessness and neglect of a hit and run driver is more appropriately viewed as a homicide. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AS FOLLOWS: SECTION I The Commission of the Town of Lake Park, Florida, does hereby urge the Palm Beach County Legislative Delagation to support House Bill #173 and Senate Bill #16 in efforts to amend Florida's felony/murder statute (Section 782-04, Florida Statutes) to include the act of vehicular hit and run among the enumerated offenses of said Statute. SECTION I I HBo I-/"3 ~ ~UG-1~-199~ 16:D~ FROM THE FLORIDA SENATE TO 6~07~266~ P~02 TALK SHEET ON PROPOSED LEGISLATION Purpose of the Proposed Legislation The proposed legislation would provide for felony enhancements when the offender: commits vehicular homicide or vessel homicide, manslaughter or DUI manslaughter, or second degree murder when the vehicle or vessel is used to unlawfully kill someone; knew or should have known at the time of the accident that the accident occurred; and fails to give information and aid as statutorily required. The proposed legislation would further provide that prosecution for any felony resulting in a death may be commenced at any time. Leaving the Scene of an Accident Section 316,027(1)(a) provides that "[t]he driver of any vehicle involved in an accident resulting in injury of any person must immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and must remain at the scene of the accident until he has fulfilled the requirements of s. 316.062." Section 316.062 pertains to the driver's duty tO give information and aid. A wiilful violation of s. 316.027(1) is a third degree felony. Section 316.027(1)(b) virtually mirrors (1)(a), except that it pertains to an accident resulting in a death and makes a willful violation of (1)(b) a second degree felony. The criminal offense defined in s. 316.027(1)(a) is ranked in level 5 of the sentencing guidelines. The criminal offense in s. 316.027(1)(b) is ranked in level 6. In I994, the Florida Fourth Distdct Court of Appeals reviewed an eadier version of the third degree penalty provision in s. 316.027. The court concluded that "the element of willfulness in the Florida Statute requires a finding of knowledge-actual or constructive- of injuries." _Mancuso_vJ State, 636 So.2d 753, 756 (Fla. 4th DCA 1994) Vehicular Homicide Section 782.071(1) provides that it is a third degree felony to kill "a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." Section 782.01(2) provides that it is a second degree felony if the offender commits vehicular homicide and willfully fails to stop or comply with the requirements of s. 316.027(1) (leaving the scene of an accident resulting in an injury or death). Note, this subsection requires willful failure. The criminal offense defined in s. 782.071(1) is ranked in level 7 of the sentencing guidelines. The criminal offense in s. 782.071(2) is ranked in level 8. ~ AUG-l~-I995 16:06 FROM THE FLORIDA SENATE TO ~78~26693 P.03 Effect of the Proposed Legislation There appears to be little, if any, incentive to charge someone with the second degree felony offense under s. 782.027(2) (vehicular homicide with leaving the scene of the. accident), If a prosecutor charges a person with the third degree felony of vehicular homicide and the second degree felony offense of leaving the scene of an accident, the defendant, if convicted of these separate offense, would receive more sentencing points than if the offender's third degree felony under the vehicular homicide statute was enhanced to a second degree felony. The sentencing points for the two separate offense, when combined, are greater than the sentencing points for the enhancement of the third degree felony under the vehicular homicide statute. The proposed legislation does not remove the Man_cuso requirement regarding the element of willfulness in the statute proscribing leaving the scene of an accident involving an injury or death. What it does do is remove the willful failure requirement for the second degree felony under the vehicular homicide statute. Under the proposed legislation, the third degree felony would be enhanced to a second degree felony if the offender commits vehicular homicide, knew or should have known at the time of the accident that the accident occurred, and failed to give information and aid as required by s. 316.062, The enhancement is tied to a violation of 316.062, not to a willful violation of 316.027. Additionally, the proposed legislation would specifically provide that the enhancement provision does not require that the person knew that the accident resulted in an injury or death. What all of this means is that the prosecutor may continue to charge a person with the separate offenses of vehicular homicide and leaving the scene of an accident. The JY[a.CC.U.~ requirement would continue to apply for the offense of leaving the scene of an accident, However, if the prosecutor has a strong case for vehicular homicide, but a weaker case for leaving the scene of an accident, the prosecutor may be able to get the third degree felony offense under the vehicular homicide statute enhanced to a second degree felony by proving that the offender knew or should have known at the time of the accident that the accident occurred, and yet failed to render information and aid as statutorily required, The offender who receives the enhancement under the vehicular homicide statute would not receive as many sentencing points as the offender who is convicted of the separate offenses of vehicular homicide and leaving the scene of an accident, but it would be easier to obtain the enhancement than convictions for the separate offenses. Since the second degree felony enhancement in s. 782.072, the vessel homicide statute, is similar to the second degree felony enhancement in the vehicular homicide statute, this enhancement provision would be amended in the same manner as the amendment of s. 782.071(2). AUG-l~-lg95 16:07 FROM THE FLORIDA SENATE TO 6~07~2669J P.~ Present iaw does not provide for felony enhancements of manslaughter involving a motor vehicle or vessel, DUI manslaughter, and second degree murder when the vehicle or vessel is used to unlawfully kill a human being. Section 782.07, the manslaughter statute, and sections 316.193 and 327.351, pertaining respectively to. DUI manslaughter with a vehicle and manslaughter resulting from the operation of a vessel while intoxicated, would be amended to enhance the second degree felony offense in each of these sections to a first degree felony if the offender commits the second degree felony, knew or should have known at the time of the acc/dent that the accident occurred, and failed to give information and aid as required by s. 316.062 (requirements pertaining to vehicle operators) or s. 327.30(1) (requirements pertaining to vessel operators). Section 782.04, the felony murder statute, would be similiarly amended to enhance the first degree felony in 782.04(2) to a life felony when the second degree murder results from the offender's operation of a motor vehicle or vessel, the offender knew or should have known at the time of the accident that the accident occurred, and the offender failed to give information and aid as required by 316.062 or s. 327.30(1). Similar to the amendment of the vehicular homicide statute, the proposed legislation would amend each of the aforementioned statutes to provide that the felony enhancement provision does not require that the person knew the accident resulted in an injury or death. Finally, the proposed legislation would amend s. 775.15, the statute of limitations, to provide that a prosecution for any felony resulting in a death may be commenced at any time. Consequently, prosecution for the felony offense under the aforementioned sections may be commenced at any time. 28-83A-96 1 A bill to be entitled 2 An act relating to offenses resulting in the 3 death of a human being; amending ss. 316.193, 4 327.351, F.S.; providing an enhanced penalty 5 for the offense of DUI manslaughter that is the 6 result of operating a motor vehicle or vessel 7 if the person knew, or should have known, that 8 the accident occurred and failed to give 9 information and render aid; amending s. 775.15, 10 F.S.; providing that the prosecution for a 11 felony that results in a death may be commenced 12 at any time; amending ss. 782.071, 782.072, 13 F.S.; providing an enhanced penalty for 14 vehicular homicide and vessel homicide if the 15 person knew, or should have known, that the 16 accident occurred and failed to give 17 information and render aid; amending ss. 18 782.04, 782.07, F.S., ~elating to the offenses 19 of murder and manslaughter; conforming 20 provisions to changes made by the act; 21 providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (3) of section 316.193, Florida 26 Statutes, 1994 Supplement, as amended by section 1 of chapter 27 95-186, Laws of Florida, section 895 of chapter 95-148, Laws 28 of Florida, section 4 of chapter 95-333, Laws of Florida, and 29 section 12 of chapter 95-408, Laws of Florida, is amended to 30 read: 31 316.193 Driving under the influence; penalties.-- 1 CODING: Words st~&c~en are deletions; words underlined are additions. 28-83A-96 1 (3) Any person: 2 (a) Who is in violation of subsection (1); 3 (b) Who operates a vehicle; and 4 (c) Who, by reason of such operation, causes: 5 1. Damage to the property or person of another is 6 guilty of a misdemeanor of the first degree, punishable as 7 provided in s. 775.082 or s. 775.083. 8 2. Serious bodily injury to another, as defined in s. 9 316.1933, is guilty of a felony of the third degree, 10 punishable as provided in s. 775.082, s. 775.083, or s. 11 775.084. 12 3. The death of any human being is guilty of DUI 13 manslaughter, and commits: 14 a. A felony of the second degree, punishable as 15 provided in s. 775.082, s. 775.083, or s. 775.084. 16 b. A felony of the first degree, punishable as 17 provided in s. 775.082, s. 775.083, or s. 775.084, if: 18 (I) At the time of the accident, the person knew, or 19 should have known, that the accident occurred; and 20 (II) The person failed to give information and render 21 aid as required by s. 316.062. 22 23 This sub-subparagraph does not require...that the person knew 24 that the accident resulted in injury or death. 25 Section 2. Section 327.351, Florida Statutes, as 26 amended by section 457 of chapter 95-148, Laws of Florida, is 27 amended to read: 28 327.351 Operation of a vessel while intoxicated; 29 punishment.-- 30 (~) It is unlawful for any person, while in an 31 intoxicated condition or under the influence of 'alcoholic 2 CODING: Words st=~cken are deletions; words underlined are additions. 28-83A-96 1 beverages, any chemical substance set forth in s. 877.111, or 2 any substance controlled under chapter 893 to the extent that 3 the person's normal faculties are impaired, to operate on the 4 waters of this state any vessel. A violation of this section 5 is punishable as provided in s. 327.35. For the purposes of 6 this subsection, a previous conviction under s. 327.35 7 constitutes a previous conviction for violation of this 8 subsection. 9 (2) If, however, damage 'to the property or person of 10 another, other than damage resulting in serious bodily injury 11 or in the death of any person, is done by such intoxicated 12 person under the influence of alcoholic beverages, any 13 chemical substance set forth in s. 877.111, or any substance 14 controlled under chapter 893 to the extent that the person's 15 normal faculties are impaired, by reason of the operation of 16 any vessel, such person is guilty of a misdemeanor of the 17 first degree, punishable as provided in s. 775.082 or s. 18 775.083, but the penalty imposed for a violation of this 19 subsection must be not less than the penalty provided under s. 20 327.35; if serious bodily injury to another, as defined in s. 21 316.1933, is caused by the operation of a vessel by any person 22 while so intoxicated, such person is guilty of a felony of the 23 third degree, punishable as provided in s. 775.082, s. 24 775.083, or s. 775.084; and, if the death of any human being 25 is caused by the operation of a vessel by any person while so 26 intoxicated, such person is guilty of manslaughter, punishable 27 as provided by law for manslaughter under s. 782.07(1) or (2). 28 (3) A conviction under this section is not a bar to 29 any civil suit for damages against the person so convicted. 30 Section 3. Subsection (1) of section 775.15, Florida 31 Statutes, as amended by section 17 of chapter 95-158, Laws of 3 CODING: Words s~en are deletions; words underlined are additions. 28-83A-96 1 Florida, and section 139 of chapter 95-418, Laws of Florida, 2 is amended to read: 3 775.15 Time limitations.-- 4 (1) A prosecution for a capital felony, a o~ life 5 felony, or any other felony that results in a death may be 6 commenced at any time. If ~n-~he-even~-~ha~ the death penalty 7 is held to be unconstitutional by the Florida Supreme Court or 8 the United States Supreme Court, all crimes designated as 9 capital felonies shall be considered life felonies for the 10 purposes of this section, and prosecution for such crimes may 11 be commenced at any time. 12 Section 4. Section 782.071, Florida Statutes, is 13 amended to read: 14 782.071 Vehicular homicide.-- 15 %%~ "Vehicular homicide" is the killing of a human 16 being by the operation of a motor vehicle by another in a 17 reckless manner likely to cause the death of, or great bodily 18 harm to, another. Vehicular homicide is: 19 (1) A felony of the third degree, punishable as 20 provided in s. 775.082, s. 775.083, or s. 775.084. 21 (2) Any-pe~son-who-comm&ts-veh&cu~-hom~c~e-an~ 22 w~fu~y-fa~s-~o-stop-o~-comp~y-w~h-the-~equ~ements-of-sv 23 ~%6=8~%%~-~s-gu~%y-of A felony of the second degree, 24 punishable as provided in s. 775.082, s. 775.083, or s. 25 775.084, if:? 26 (a) At the time of the accident, the person knew, or 27 should have known, that the accident occurred; and 28 (b) The person failed to give information and render 29 aid as required by s. 316.062. 3O 31 4 CODING: Words st~en are deletions; words underlined are additions. 28-83A-96 1 This subsection does not require that the person knew that the 2 accident resulted in injury or death. 3 Section 5. Section 782.072, Florida Statutes, is 4 amended to read: 5 782.072 Vessel homicide.-- 6 ~%~ "Vessel homicide" is the killing of a human being 7 by the operation of a vessel as defined in s. 327.02 by 8 another in a reckless manner likely to cause the death of, or 9 great bodily harm to, another. Vessel homicide is! 10 (1) A felony of the third degree, punishable as 11 provided in s. 775.082, s. 775.083, or s. 775.084. 12 (2) Any-pe~son-who-eomm~bs-vesse~-hom~e~de-an~ 13 w~u~y-~a~s-~o-sbo~-o~-~omp~y-w~bh-bhe-~equ~emenbs-o~-sv 14 ~?=~8%4~-~s-~u~y-o~ A felony of the second degree, 15 punishable as provided in s. 775.082, s. 775.083, or s. 16 775.084, if= 17 (a) At the time of the accident, the person knew, or 18 should have known, that the accident occurred; and 19 (b) The person failed to give information and render 20 aid as required by s. 327.30(1). 21 22 This subsection does not require that the person knew that the 23 accident resulted in injury or death. 24 Section 6. Subsection (2) of section 782.04, Florida 25 Statutes, as amended by section 11 of chapter 95-195, Laws of 26 Florida, is amended to read: 27 782.04 Murder.-- 28 (2) The unlawful killing of a human being, when 29 perpetrated by any act imminently dangerous to another and 30 evincing a depraved mind regardless of human life, although 31 without any premeditated design to effect the death of any 5 CODING: Words s~=~eken are deletions; words underlined are additions. 28-83A-96 1 particular individual, is murder in the second degree and 2 constitutes: 3 (a) A felony of the first degree, punishable by 4 imprisonment for a term of years not exceeding life or as 5 provided in s. 775.082, s. 775.083, or s. 775.084. 6 (b) A life felony, punishable as provided in s. 7 775.082, s. 775.083, or s. 775.084, if the murder is the 8 result of the person's operation of a motor vehicle or vessel, 9 and: 10 1. At the time of the accident, the person knew, or 11 should have known, that the accident occurred; and 12 ~.: The person failed to give information and render 13 aid as required by s. 316.062 or s. 327.30(1). 14 15 This paragraph does not require that the person knew that the 16 accident resulted in injury or death. 17 Section 7. Section 782.07, Florida Statutes, is 18 amended to read: 19 782.07 Manslaughter.--The killing of a human being by 20 the act, procurement, or culpable negligence of another, 21 without lawful justification according to ~he-p~o~s~ons-o~ 22 chapter 776 and in cases in which such killing is 23 excusable homicide or murder, according to 24 this chapter, is sha~-be-deeme~ manslaughter and constitutes: 25 26 (.~ A felony of the second degree, punishable as 27 provided in s. 775.082, s. 775.083, or s. 775.084. 28 (2) A felony of the first degree, punishable as 29 provided in s. 775.082, s. 775.083, or s. 775.084, if the 30 manslaughter is the result of the person's operation of a 31 motor vehicle or vessel, and: 6 CODING: Words s~ri~ken are deletions; words underlined are additions. 28-83A-96 1 (a) At the time of the accident, the person knew, or 2 should have known, that the accident occurred; and 3 (b) The person failed to give information and render 4 aid as required by s. 316.062 or s. 327.30(1). 5 6 This subsection does not require that the person knew that the 7 accident resulted in injury or death. 8 Section 8. This act shall take effect July 1, 1996. 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 7 CODING: Words st~e~en are deletions; words underlined are additions. 28-83A-96 2 SENATE SUMMARY 3 Provides enhanced penalties for DUI manslaughter, vehicular homicide, and vessel homicide if the person 4 knew, or should have known, that the accident occurred and failed to give information and render aid at the 5 accident scene. Provides that a prosecution for a felony that results in a death may be commenced at any time. 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 8 CODING: Words st=~¢~en are deletions; words underlined are additions.