Florida 2023 Regular Session

Florida House Bill H1253 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1253 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1253-00
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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to victims of criminal offenses; 2
16	16	amending s. 960.001, F.S.; providing that private 3
17	17	counsel retained by a sexual assault victim may be 4
18	18	present during victim depositions; providing that 5
19	19	results of a toxicology screening of a victim may not 6
20	20	be used to prosecute certain offenses; providing an 7
21	21	effective date. 8
22	22	9
23	23	Be It Enacted by the Legislature of the State of Florida: 10
24	24	11
25	25	Section 1. Paragraph (q) of subsection (1) of section 12
26	26	960.001, Florida Statutes, is amended, and paragraph (v) is 13
27	27	added to that subsection, to read: 14
28	28	960.001 Guidelines for fair treatment of victims and 15
29	29	witnesses in the criminal justice and juvenile justice systems. — 16
30	30	(1) The Department of Legal Affairs, the state attorneys, 17
31	31	the Department of Corrections, the Department of Juvenile 18
32	32	Justice, the Florida Commission on Offender Review, the State 19
33	33	Courts Administrator and circuit court administrators, the 20
34	34	Department of Law En forcement, and every sheriff's department, 21
35	35	police department, or other law enforcement agency as defined in 22
36	36	s. 943.10(4) shall develop and implement guidelines for the use 23
37	37	of their respective agencies, which guidelines are consistent 24
38	38	with the purposes of t his act and s. 16(b), Art. I of the State 25
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40	40	HB 1253 2023
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1253-00
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47	47	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	51	Constitution and are designed to implement s. 16(b), Art. I of 26
52	52	the State Constitution and to achieve the following objectives: 27
53	53	(q) Presence of victim advocate during discovery 28
54	54	deposition; testimony of victim of a sexual offense.—At the 29
55	55	request of the victim or the victim's parent, guardian, or 30
56	56	lawful representative, private counsel retained by the victim, 31
57	57	the victim advocate designated by the state attorney's office, 32
58	58	sheriff's office, or municipal police departmen t, or one 33
59	59	representative from a not -for-profit victim services 34
60	60	organization, including, but not limited to, rape crisis 35
61	61	centers, domestic violence advocacy groups, and alcohol abuse or 36
62	62	substance abuse groups shall be permitted to attend and be 37
63	63	present during any deposition of the victim. The victim of a 38
64	64	sexual offense shall be informed of the right to have the 39
65	65	courtroom cleared of certain persons as provided in s. 918.16 40
66	66	when the victim is testifying concerning that offense. 41
67	67	(v) Immunity from prosecution for test results from 42
68	68	victims.—The results of toxicology screening conducted in 43
69	69	conjunction with a sexual assault forensic examination or upon a 44
70	70	report of sexual violence may not be used to prosecute the 45
71	71	victim for a misdemeanor violation of chapter 893. 46
72	72	Section 2. This act shall take effect July 1, 2023. 47