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R96-003II RESOLUTION NO. R96-,~:~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE PALM BEACH COUNTY LEGISLATIVE DELEGATION TO SUPPORT HB #173 AND SB #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 renderaid 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 BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, 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 Statute. Section 2. This resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 2nd day of January, 1996. V~ce Mayor Mayor Pro Tem ~'~m miSsiOner ATTEST: C'ty Clerk (Corporate Seal) 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 homicfde, 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 statutodly rea=Uired. 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 willful 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 1994, the Florida Fourth District Court of Appeals reviewed an earlier version of the third degree penalty r ' ' p =vis,on 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 v. 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 iikely 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 inju~.or death). Note. this subsection requires willful failure. The criminal offense defined in s. 7~}2.071(1) is ranked ~in level 7 of the sentencing guidelines. The criminal offense in s. 782.071(2) is ranked in level 8. Effect of the Proposed Legislation time 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 O' ' p Ints than ~f the offender's third degree felony under the vehicular homicide statute was enhanced to a second degree= ~elony. Th® sentencing points for the two separate of the than the ,, points for :the enhancement ~tatute. The proposed legislation does not remove the ~ requirement regarding the element of willfulness in the statute proscribing leaving the scene of an accident involving an injury or death, What it does remove the willful failure requirement for' under the statute. Under the be enhanced to a second degree shOuld have known at the and failed to give information and aid ~ tied to a violation of 3~6.062, not to a would specifically. the person knew that the y or death.~ an a wee the third time of t and What all of this means is that the prosecutor may continue to charge a person with the and leaving the scene of an accident. The would continue to apply for the offense of leaVing the scene of prosecutor has a strong case for vehicular homicide, but the prosecutor may be able to get homicide statute enhanced to a or should have known at the- yet failed to render information receives the enhancement under the offe as ~entencing points as the r homicide and leaving easier to obtain the enhancement than Since statute amendment Of: enhancement in s. 782.072, the vessel homicide y'enhancement in the vehicular homicide amended in the same manner as the Present law does-not provide for felony enhancements of manslaughter involving a ..m_o~..t~_,r_ve__h! .cl_e_ _or. vessel, .D. UI m. anslaughter, and second degree murder when the v=n,~,e or vessel ss usecl to unlawfully kill a human being. Section 782.07. the manslaughter statute, and sections 316.193 and 327.351, pertaining resp.e~vely to DUI manslaughter with a vehicle and manslaughter resulting from the operation of a vessel while enhance the second degree felony offense in accident (requirem if the offender commits the ; of the accident that the and a~d.as required by s. 316.062 ~ at the time of the accident that the Finally, the provide that may i s. 775.15, the statute of limitations, to resulting fna death may be commenced at for the felOny offense under the aforementioned at any time. TOTAL P. 04 II 28-83A-96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A bill to be entitled An act relating to offenses resulting in the death of a human being; amending ss. 316.193, 327.351, P.S.; providing an enhanced penalty for the offense of DUI manslaughter that is the result of operating a motor vehicle or vessel if the person knew, or should have known, that the accident occurred and failed to give information and render aid; amending s. 775.15,' P.S.; providing that the prosecution for a felony that results in a death may be commenced at any time; amending ss. 782.071, 782.072, P.S.; providing an enhanced penalty for vehicular homicide and vessel homicide if the person knew, or should have known, that the accident occurred and failed to give information and render aid; amending ss. 782.04, 782.07, P.S., relating to the offenses of murder and manslaughter; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section1. Subsection (3) of section 316.193, Florida Statutes., 19~4 Supplement, as amended by section I of chapter 95-186, Laws of Florida, section 895 of chapter 95-148, Laws of Florida, section 4 of chapter 95-333, Laws of Florida, and section 12 of chapter 95-408, Laws of Florida, is amended to read: 316.193 Driving under the influence; penalties.-- 1 CODING: Words s~e~en are deletions; words underlined are additions. 28-83A-96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 29 3O 31 (3) (a) (b) 1, Any person: Who is in violation of subsection (1); Who operates a vehicle; and Who, by reason of such operation, causes: Damage to the property or person of another is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775;083. 2. Serious bodily injury t6 another, as defined in s. 316.]913, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. The death of any human being is guilty of DUI manslaughter, and commits: a_.~. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. b. A felony of the first degree, punishable provided in s. 775.082, s. 775.083, or s. 775.084, (I) At the time of the accident, the person knew, o~ should have known,, that the accident occurred; ~II) The person failed to give information and render aid as required by s. 316.062. This sub-subparagraph does not require that the person knew that the accident resulted in injury or death. Sectio~ 2. Section 327.351, Florida Statutes, as amended by se-ction 457 of chapter 95-148, Laws of Florida, is amended to read: 327.351 Operation of a vessel while intoxicated; punishment.-- (1) It is unlawful for any person, while in an intoxicated condition or under the influence of alcoholic 2 CODING: Words st~ke~ are deletions; words underlined are additions. 28-83A-96 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 to the extent that the person's normal faculties are impaired, to operate on the waters of this state any vessel. A violation of this section is punishable as provided in s. 327.35. For the purposes of this subsection, a previous conviction under s. 327.35 constitutes a previous conviction for violation of this subsection. ' (2) If, however, damage to the property or person of another, other than damage resulting in serious bodily, injury or in the-death of any person, is done by such intoxicated person under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 to the extent that the person's normal faculties are impaired, by reason of the operation of any vessel, such person is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, but the penalty imposed for a violation of this subsection must be not less than the penalty p~ovided under s. 327.35~ if serious bodily injury to another, as defined in s. 316.1933, is caused by the operation of a vessel by any person while so intoxicated, such person is guilty of .a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084~ and, if the death of any human being is caused by ~he operation of a vessel by any person while so intoxicated,-such person is guilty of manslaughter, punishable as proVided by law for manslaughter under s. 782.07(1) or (2). (3) A conviction under this section is not a bar to any civil suit for damages against the person so convicted. Section 3. Souhsection (]) of section 775.15, Florida Statutes, as amended by section 17 of chapter 95-158, Laws of 3 CODING: Words s~{eken are deletions~ words underlined are additions. 28-83A-96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Florida, and section 139 of chapter 95-418, Laws of Florida, is amended to read: 775.15 Time limitations.-- (1) A prosecution for a capital felony, a o~ life felony,, or any other felony that results in a death may be conunenced at any time. If__ tn-~he-even~-~ha~ the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all~ crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time. Section 4. Section 782.071, Florida Statutes, is amended to read: 782.071 Vehicular homicide.-- %%~ "Vehicular homicide" is the killing of 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. Vehicular homicide is: (1) A felony of the ~hird degree, punishable as provided in s. 775.082, s. 795.083, or s. 775.084. (2) 9%678~%%~-~s~gu~y-~E A felony of the second degree, punishable as provided in's. 775.082, s. 775.083, or s. 775.084, (a) ~t the time of the accident, the person knew, or should have known, that the accident occurredI and (b) The.~erson failed to give information and render aid as required by s. 316.062. 4 CODING: Words s~=ieken are deletions; words underlined are additions. 28-83A-96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 This subsection does not require that the person knew that th~ accident resulted in injury or death. Section 5. Section 782.072, Florida StatuteS, is amended to read: 782.072 Vessel homicide.-- f%~ "Vessel homicide" is the killing of a human being by the operation of a vessel as defined in s. 327.02 by another in a reckless manner likely-to cause the death of, or great bodily harm to, another. Vessel homicide is: (1} A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, (2) A~y-~ers~n-who-~mm~s-vesse~-hom~e-a~d 9~?98%4~-~s-gu~y-~ A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if? (a) At the time of the accident, the person knew, or should have known, that the accident occurred; and (b) The person failed to give information and render aid as required by s. 327.30(1). This subsection does not require that the person knew that thn accident resulted in injury or death. Section 6. Subsection (2} of section 782.04, Florida Statutes, as a_mended by section 11 of chapter 95-195, Laws of Florida, is~mended to read: 782.04 Murder.-- (2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved.mind regardless of human life, although 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 2 3 4 5 7 8 9 10 1 1 13 14 15 16 17 18 19 20 21 --- 2,2 23 24 25 26 27 28 29 3O 31 particular individual, is murder in the second degree and constitutes: (a) A felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. (b A life felon' , unishable as rovided in s. 775.082, s. 775.083, or s. 775.084, if the murder is th,. result of the person's operation of a motor vehicle or vessel, and: 1. At the time of the accident, the erson knew, or should have known, that the accident occurred; and 2. The :erson f@iled to__g~ve information and render aid as re-~ired b--.s. 316.062 or s. 327.30 1__~_~. This paragraph does not require that the person knew that the accident resulted in injury or death. Section 7. Section 782.07, Florida Statutes, is amended to read: 782.07 Manslaughter.--The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to chapter 776 and in cases in which such killing i_~s excusable homicide or murder, according to %he-p~ov~s~o~s-o~ this chapter, is shm}~-Be-deemed manslaughter and constitutes: (1~ A-felony of the second degree, punishable as provided i~ s. 77S.082, s. 775.083, or s. 775.084. ~ A felon~f the first de tee, uni~hable as provided in s. 775.082,.s. 775.083, or s. 775.084, if the. manslaughter is the {esult of the person's operation of a motor vehicle or vessel, and: 6 CODING: Words sbt'~el~e~ are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 28 29 30 31 28-83A-96 (a} At the time of the accident, the person knew, or should have known, that the accident occurred; and (b) The person failed to give information and rende~ aid as required by s. 316.062 or s. 327.30(1). This subsection does not require that the person knew that th,' accident resulted in injury or death. Section 8. This act shall ~take effect July 1, 1996. 7 CODING: WOrds s~ken are deletions; words underlined are additions. 28-83A-96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SENATE SUMMARY Provides enhanced penalties for DUI manslauqhter, vehicular homicide, and vessel homicide if ~he person knew, or should have known, that the accident occurred and failed to give information and render aid at the accident scene~ Provides that a prosecution for a felony that results in a death may be-lcommenced at any time. - 8 CODING: Words s%=~¢ken are deletions; Words underlined are additions.