CS/HB 1037 2023
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hb1037-01-c1
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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
A bill to be entitled 1
An act relating to depositions of witnesses in 2
criminal proceedings; amending s. 92.55, F.S.; 3
prohibiting the deposition of specified victims and 4
witnesses in a criminal proceeding without a showing 5
of good cause; providing for motions to depose such 6
persons; providing for factors to be considered 7
concerning such motions; requiring written findings on 8
such motions; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Subsection (6) is added to section 92.55, 13
Florida Statutes, to read: 14
92.55 Judicial or other proceedings involving victim or 15
witness under the age of 18, a person who has an intellectual 16
disability, or a sexual offense victim or witness; special 17
protections; use of therapy animals or facility dogs. — 18
(6)(a) Absent a showing of good cause, the defendant in a 19
criminal action, or his or her representative, may not take the 20
deposition of: 21
1. A victim in a sexual offense case who is under the age 22
of 18. 23
2. A person who has an intellectual disability. 24
(b) Upon written motion by a defendant in a criminal 25
CS/HB 1037 2023
CODING: Words stricken are deletions; words underlined are additions.
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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
action, or his or her representative, that a deposition is 26
necessary to assist at a criminal tr ial, that the evidence 27
sought is not reasonably available by any other means, and that 28
the probative value of the testimony outweighs any potential 29
harm to the person to be deposed, the court may authorize the 30
taking of a deposition and may order any prote ctions deemed 31
necessary, including those provided in this section. 32
(c) In ruling upon a motion filed under paragraph (b), the 33
court may consider: 34
1. The mental and physical age and maturity of the victim 35
or witness. 36
2. The nature and duration of the offense. 37
3. The relationship of the victim or witness to the 38
defendant. 39
4. The complexity of the issues involved. 40
5. Whether the victim or witness would suffer moderate 41
psychological harm as a consequence of being compelled to 42
testify at a deposition . 43
6. The functional capacity of the victim or witness if he 44
or she has an intellectual disability. 45
7. The willingness of the victim or witness to be deposed. 46
8. Any other fact that the court deems relevant. 47
(d) The court shall make specific written findings of 48
fact, on the record, as to the basis for its ruling under this 49
subsection. 50
CS/HB 1037 2023
CODING: Words stricken are deletions; words underlined are additions.
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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
Section 2. This act shall take effect July 1, 2023. 51