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Proposed jury instructions in regard to fleeing and eluding and leaving the scene.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following amended instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes to amend the following instructions:

28.4 Leaving the Scene of a Crash Involving Death or Injury

28.82 Aggravated Fleeing and Eluding

28.84 Aggravated Fleeing and Eluding

The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in both hard copy and electronic format on or before Thursday, August 30. The committee will review all comments received in response to the above proposals at its next meeting and will consider amendments based upon the comments received. Upon the final approval of the instructions, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to CrimJuryInst@flcourts.org, in the format of an MSWord document. In addition, mail a hard copy of your comments to Judge Terrell D. Terrell, Chair, Standard Jury Instructions Committee in Criminal Cases, c/o Les Garringer, General Counsel's Office, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900.

28.4 LEAVING THE SCENE OF ACCIDENT CRASH INVOLVING DEATH OR INJURY [section]316.027(1), Fla. Stat.

To prove the crime of Leaving the Scene of an Accident a Crash, the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in an accident a crash resulting in [injury to] [death of] any person.

2. (Defendant) knew or should have known that [he] [she] was involved in an accident a crash.

Give 3a if death is charged or 3b if injury is charged.

3. a. (Defendant) knew or should have known of the [injury to] or [death of] the person.

b. (Defendant) knew or should have known of the injury to the person. Give 4a or 4b, or both as applicable.

4. a. (Defendant) willfully failed to stop at the scene of the accident crash or as close to the accident crash as possible and remain there until [he] [she] had given "identifying information" to the [injured person] [driver] [occupant] or [person attending the vehicle] and to any police officer investigating the accident crash.

b. (Defendant) willfully failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

If the State proves that the defendant willfully failed to give any part of the Aidentifying information" or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

Definitions.

"Identifying information" means name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or permit to drive.

"Reasonable assistance" includes carrying or making arrangements to carry the injured person to a physician or hospital for medical treatment.

"Willfully" means intentionally and purposely.

Lesser Included Offenses

No lesser included offenses have been identified for this offense.

Comment

This instructions was adopted in 1995 [665 So. 2d 212] and amended in 2007.

28.82 AGGRAVATED FLEEING OR ELUDING

28.84 AGGRAVATED FLEEING OR ELUDING

Note: 28.82 and 28.84 were withdrawn from SC07-705 to add a new element three to coincide with the new element three in 28.4. Some of the lesser included offenses in 28.82 and 28.84 are found in the remaining "fleeing" instructions in SC07- 705.

28.82 AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Injury or Death then Causing Serious Bodily Injury or Death) [section] 316.1935(4)(b) and [section] 316.027, Fla. Stat. To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in a crash resulting in [injury to] [the death of] any person.

2. (Defendant) knew or should have known that [he] [she] was involved in a crash. Give 3a if death is charged or 3b if injury is charged.

3. a. (Defendant) knew or should have known of the injury to or death of the person. b. (Defendant) knew or should have known of the injury to the person. Give 4a or 4b or both as applicable.

4. (Defendant)

a. willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given "identifying information" to the [injured person] [driver] [occupant][person attending the vehicle or other damaged property] and to any police officer investigating the crash.

b. willfully failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

5. A duly authorized law enforcement officer issued an order to stop to (defendant).

6. (Defendant), knowing [he][she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his][her]vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.]

7. As a result of (defendant) fleeing or eluding, [he] [she] caused [serious bodily injury to] [the death of] (name of victim).

I further instruct you that [section] 316.027, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide "identifying information." If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the "identifying information" or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

Definitions.

"Willfully" means intentionally, knowingly, and purposely.

"Identifying information" means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or permit to drive.

"Reasonable assistance" includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment.

Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Injury or Death and then Causing Serious
Injury Bodily Injury or Death)
- 316.1935(4)(b) and 316.027

CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.

Aggravated Fleeing 316.1935(4)(a) 28.84

Fleeing to Elude LEO 316.1935(1) 28.6

Leaving Scene of 316.027(1)(b) 28.4
Accident Involving
Death

Leaving Scene of 316.027(1)(a) 28.4
Accident Involving
Injury

 Fleeing to 316.1935(3)(b) 28.81
 Elude LEO

 Fleeing to 316.1935(3)(a) 28.8
 Elude LEO

 Fleeing to 316.1935(2) 28.7
 Elude LEO

 Reckless 316.192 28.5
 Driving


Comments

This instruction was adopted in 2007.

28.84 AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Injury or Death then Causing Injury or Property Damage to Another)

[section] 316.1935(4)(a) and [section] 316.027 Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in a crash resulting in [injury to] [the death of] any person.

2. (Defendant) knew or should have known that [he] [she] was involved in a crash. Give 3a if death is charged or 3b if injury is charged.

3. a. (Defendant) knew or should have known of the injury to or death of the person.

b. (Defendant) knew or should have known of the injury to the person. Give 4a or 4b or both as applicable.

4. (Defendant)

a. willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given "identifying information" to the [injured person] [driver] [occupant][person attending the vehicle or other damaged property] and to any police officer investigating the crash.

b. willfully failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

5. A duly authorized law enforcement officer issued an order to stop to (defendant).

6. (Defendant), knowing [he][she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his][her]vehicle in compliance with the order to stop][and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.]

7. As a result of (defendant) fleeing or eluding, [he] [she] caused [an injury to] [damage to the property of] (name of victim).

I further instruct you that [section] 316.027, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide "identifying information." If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the "identifying information" or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

Definitions.

"Willfully" means intentionally, knowingly, and purposely.

"Identifying information" means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or permit to drive.

"Reasonable assistance" includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment.

Lesser Included Offenses
AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Injury or Death and then Causing Injury or
Property Damage to Another)
- 316.1935(4)(a) and [section] 316.027

CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO.

Fleeing to Elude LEO 316.1935(1) 28.6

Leaving Scene of 316.027(1)(b) 28.4
Accident Involving
Death

Leaving Scene of 316.027(1)(a) 28.4
Accident Involving
Injury

 Fleeing to 316.1935(3)(b) 28.81
 Elude LEO

 Fleeing to 316.1935(3)(a) 28.8
 Elude LEO

 Fleeing to 316.1935(2) 28.7
 Elude LEO

 Reckless 316.192 28.5
 Driving


Comments

This instruction was adopted in 2007.
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Title Annotation:Notice
Publication:Florida Bar News
Date:Aug 1, 2007
Words:1689
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