FL
Florida House Bill H0697

Florida 2022 Regular Session

Florida House Bill H0697 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to victims of crimes; amending s. 2
16-960.001, F.S.; providing, upon request, specified 3
17-rights to crime victims at all stages of a criminal or 4
18-juvenile proceeding; requiring law enforcement 5
19-personnel to ensure that victims are given information 6
20-about their right to employ private counsel; 7
21-encouraging The Florida Bar to develop a registry of 8
22-attorneys willing to serve as crime victim advocates 9
23-on a pro bono basis; amending ss. 960.0021 and 10
24-985.036, F.S.; conforming provisions to changes made 11
25-by the act; providing an effective date. 12
26- 13
27-Be It Enacted by the Legislature of the State of Florida: 14
28- 15
29- Section 1. Paragraph (a) of subsection (1) of sect ion 16
30-960.001, Florida Statutes, is amended to read: 17
31- 960.001 Guidelines for fair treatment of victims and 18
32-witnesses in the criminal justice and juvenile justice systems. — 19
33- (1) The Department of Legal Affairs, the state attorneys, 20
34-the Department of Correct ions, the Department of Juvenile 21
35-Justice, the Florida Commission on Offender Review, the State 22
36-Courts Administrator and circuit court administrators, the 23
37-Department of Law Enforcement, and every sheriff's department, 24
38-police department, or other law enforce ment agency as defined in 25
16+960.001, F.S.; requiring law enforcement personnel to 3
17+ensure that victims are given information about their 4
18+right to employ private counsel; encouraging The 5
19+Florida Bar to develop a registry of attorneys willing 6
20+to serve as crime victim advocates on a pro bono 7
21+basis; providing an effective date. 8
22+ 9
23+Be It Enacted by the Legislature of the State of Florida: 10
24+ 11
25+ Section 1. Paragraph (a) of subsection (1) of section 12
26+960.001, Florida Statutes, is amended to read: 13
27+ 960.001 Guidelines for fair treatment of victims and 14
28+witnesses in the criminal justice and juvenile justice systems. — 15
29+ (1) The Department of Legal Affa irs, the state attorneys, 16
30+the Department of Corrections, the Department of Juvenile 17
31+Justice, the Florida Commission on Offender Review, the State 18
32+Courts Administrator and circuit court administrators, the 19
33+Department of Law Enforcement, and every sheriff's department, 20
34+police department, or other law enforcement agency as defined in 21
35+s. 943.10(4) shall develop and implement guidelines for the use 22
36+of their respective agencies, which guidelines are consistent 23
37+with the purposes of this act and s. 16(b), Art. I of the State 24
38+Constitution and are designed to implement s. 16(b), Art. I of 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-s. 943.10(4) shall develop and implement guidelines for the use 26
52-of their respective agencies, which guidelines are consistent 27
53-with the purposes of this act and s. 16(b), Art. I of the State 28
54-Constitution and are designed to impleme nt s. 16(b), Art. I of 29
55-the State Constitution and to achieve the following objectives: 30
56- (a) Information concerning services available to victims 31
57-of adult and juvenile crime. —As provided in s. 27.0065, state 32
58-attorneys and public defenders shall gather info rmation 33
59-regarding the following services in the geographic boundaries of 34
60-their respective circuits and shall provide such information to 35
61-each law enforcement agency with jurisdiction within such 36
62-geographic boundaries. Law enforcement personnel shall ensure , 37
63-through distribution of a victim's rights information card or 38
64-brochure at the crime scene, during the criminal investigation, 39
65-and in any other appropriate manner, that victims are given, as 40
66-a matter of course at the earliest possible time, information 41
67-about: 42
68- 1. The availability of crime victim compensation, if 43
69-applicable; 44
70- 2. Crisis intervention services, supportive or bereavement 45
71-counseling, social service support referrals, and community -46
72-based victim treatment programs; 47
73- 3. The role of the victim in the criminal or juvenile 48
74-justice process, including what the victim may expect from the 49
75-system as well as what the system expects from the victim; 50
51+the State Constitution and to achieve the following objectives: 26
52+ (a) Information concerning services available to victims 27
53+of adult and juvenile crime. —As provided in s. 27.0065, sta te 28
54+attorneys and public defenders shall gather information 29
55+regarding the following services in the geographic boundaries of 30
56+their respective circuits and shall provide such information to 31
57+each law enforcement agency with jurisdiction within such 32
58+geographic boundaries. Law enforcement personnel shall ensure, 33
59+through distribution of a victim's rights information card or 34
60+brochure at the crime scene, during the criminal investigation, 35
61+and in any other appropriate manner, that victims are given, as 36
62+a matter of course at the earliest possible time, information 37
63+about: 38
64+ 1. The availability of crime victim compensation, if 39
65+applicable; 40
66+ 2. Crisis intervention services, supportive or bereavement 41
67+counseling, social service support referrals, and community -42
68+based victim treatment programs; 43
69+ 3. The role of the victim in the criminal or juvenile 44
70+justice process, including what the victim may expect from the 45
71+system as well as what the system expects from the victim; 46
72+ 4. The stages in the criminal or juvenile justice proce ss 47
73+which are of significance to the victim and the manner in which 48
74+information about such stages can be obtained; 49
75+ 5. The right of a victim, who is not incarcerated, 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88- 4. The stages in the criminal or juvenile justice process 51
89-which are of significance to the victim and the manner in which 52
90-information about such stages can be obtained; 53
91- 5. The right of a victim, who is not incarcerated, 54
92-including the victim's parent or guardian if the victim is a 55
93-minor, the lawful representative of the victim or of the 56
94-victim's parent or gua rdian if the victim is a minor, and the 57
95-next of kin of a homicide victim, upon request, to be informed, 58
96-to be present, and to be heard when relevant, at all crucial 59
97-stages of a criminal or juvenile proceeding , to the extent that 60
98-this right does not interfe re with constitutional rights of the 61
99-accused, as provided by s. 16(b), Art. I of the State 62
100-Constitution; 63
101- 6. In the case of incarcerated victims, the right , upon 64
102-request, to be informed and to submit written statements at all 65
103-crucial stages of the crimina l proceedings, parole proceedings, 66
104-or juvenile proceedings; and 67
105- 7. The right of a victim to a prompt and timely 68
106-disposition of the case in order to minimize the period during 69
107-which the victim must endure the responsibilities and stress 70
108-involved to the extent that this right does not interfere with 71
109-the constitutional rights of the accused ; and 72
110- 8. The right of a victim to employ private counsel. The 73
111-Florida Bar is encouraged to develop a registry of attorneys who 74
112-are willing to serve on a pro bono basis as advocates for crime 75
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121-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-victims. 76
126- Section 2. Paragraph (a) of subsection (2) of section 77
127-960.0021, Florida Statutes, is amended to read: 78
128- 960.0021 Legislative intent; advisement to victims. — 79
129- (2) The courts may fulfill their obligation to advise 80
130-crime victims by: 81
131- (a) Making the following announcement at any arraignment, 82
132-sentencing, or case-management proceeding: 83
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134-"If you are the victim of a crime with a case pending before 85
135-this court, you are advised that you have the right , upon 86
136-request: 87
137- 1. To be informed. 88
138- 2. To be present. 89
139- 3. To be heard, when relevant, at all crucial stages of 90
140-criminal proceedings to the extent that these rights do not 91
141-interfere with the constitutional rights of the accused . 92
142- 4. To receive advance notification, when possible, of 93
143-judicial proceedings and notification of scheduling 94
144-changes, pursuant to section 960.001, Florida Statutes. 95
145- 5. To seek crimes compensation and restitution. 96
146- 6. To consult with the state attorney's office in certain 97
147-felony cases regarding the disposition of the case. 98
148- 7. To make an oral or written victim impact statement at 99
149-the time of sentencing of a defendant. 100
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158-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-For further information regarding additional rights afforded to 101
163-victims of crime, you may contact the state attorney's office or 102
164-obtain a listing of your rights from the Clerk of Court." 103
165-; or 104
166- Section 3. Paragraph (d) of subsection (1) of section 105
167-985.036, Florida Statutes, is amended to read: 106
168- 985.036 Rights of victims; juvenile proceedings. — 107
169- (1) Nothing in this chapter prohibits: 108
170- (d) The next of kin if the victim is a homicide victim, 109
171- 110
172-from the right, upon request, to be informed of, to be present 111
173-during, and to be heard when relevant at, all crucial stages of 112
174-the proceedings involving the juvenile offender , to the extent 113
175-that such rights do not interfere with the constitutional rights 114
176-of the juvenile offender . A person enumerated in this section 115
177-may not reveal to any outside party any confidential information 116
178-obtained under this subsection regarding a case involving a 117
179-juvenile offense, except as is reasonably necessary to pursue 118
180-legal remedies. 119
181- Section 4. This act sh all take effect July 1, 2022. 120
88+including the victim's parent or guardian if the victim is a 51
89+minor, the lawful representa tive of the victim or of the 52
90+victim's parent or guardian if the victim is a minor, and the 53
91+next of kin of a homicide victim, to be informed, to be present, 54
92+and to be heard when relevant, at all crucial stages of a 55
93+criminal or juvenile proceeding, to the ex tent that this right 56
94+does not interfere with constitutional rights of the accused, as 57
95+provided by s. 16(b), Art. I of the State Constitution; 58
96+ 6. In the case of incarcerated victims, the right to be 59
97+informed and to submit written statements at all crucial stages 60
98+of the criminal proceedings, parole proceedings, or juvenile 61
99+proceedings; and 62
100+ 7. The right of a victim to a prompt and timely 63
101+disposition of the case in order to minimize the period during 64
102+which the victim must endure the responsibilities and str ess 65
103+involved to the extent that this right does not interfere with 66
104+the constitutional rights of the accused ; and 67
105+ 8. The right of a victim to employ private counsel. The 68
106+Florida Bar is encouraged to develop a registry of attorneys who 69
107+are willing to serve on a pro bono basis as advocates for crime 70
108+victims. 71
109+ Section 2. This act shall take effect July 1, 2022. 72