Florida 2024 Regular Session

Florida House Bill H0469 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 criminal offenses; 2
1616 amending s. 960.001, F.S.; providing that private 3
17-counsel retained by a victim of a sexual offense may 4
18-be present during victim depositions; providing an 5
19-effective date. 6
20- 7
21-Be It Enacted by the Legislature of the State of Florida: 8
17+counsel retained by a sexual assault victim may be 4
18+present during victim depositions; providing that 5
19+results of a toxicology screening of a victim may not 6
20+be used to prosecute certain offenses; providing an 7
21+effective date. 8
2222 9
23- Section 1. Paragraph (q) of subsection (1) of section 10
24-960.001, Florida Statutes, is amended to read: 11
25- 960.001 Guidelines fo r fair treatment of victims and 12
26-witnesses in the criminal justice and juvenile justice systems. — 13
27- (1) The Department of Legal Affairs, the state attorneys, 14
28-the Department of Corrections, the Department of Juvenile 15
29-Justice, the Florida Commission on Offend er Review, the State 16
30-Courts Administrator and circuit court administrators, the 17
31-Department of Law Enforcement, and every sheriff's department, 18
32-police department, or other law enforcement agency as defined in 19
33-s. 943.10(4) shall develop and implement guideli nes for the use 20
34-of their respective agencies, which guidelines are consistent 21
35-with the purposes of this act and s. 16(b), Art. I of the State 22
36-Constitution and are designed to implement s. 16(b), Art. I of 23
37-the State Constitution and to achieve the following objectives: 24
38- (q) Presence of victim advocate during discovery 25
23+Be It Enacted by the Legislature of the State of Florida: 10
24+ 11
25+ Section 1. Paragraph (q) of subsection (1) of section 12
26+960.001, Florida Statutes, is amended, and paragraph (x) is 13
27+added to that subsection, to read: 14
28+ 960.001 Guidelines for fair treatment of victims and 15
29+witnesses in the criminal justice and juvenile justice systems. 16
30+ (1) The Department of Legal Affairs, the state attorneys, 17
31+the Department of Corrections, the Department of Juvenile 18
32+Justice, the Florida Commission on Offender Review, the State 19
33+Courts Administrator and circuit court administrators, the 20
34+Department of Law Enforcemen t, and every sheriff's department, 21
35+police department, or other law enforcement agency as defined in 22
36+s. 943.10(4) shall develop and implement guidelines for the use 23
37+of their respective agencies, which guidelines are consistent 24
38+with the purposes of this act and s. 16(b), Art. I of the State 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-deposition; testimony of victim of a sexual offense. —At the 26
52-request of the victim or the victim's parent, guardian, or 27
53-lawful representative, private counsel retained by the victim, 28
54-and a the victim advocate designated by the state attorney's 29
55-office, sheriff's office, or municipal police department, or one 30
56-representative from a not -for-profit victim services 31
57-organization, including, but not limited to, rape crisis 32
58-centers, domestic violence adv ocacy groups, and alcohol abuse or 33
59-substance abuse groups , shall be permitted to attend and be 34
60-present during any deposition of the victim. The victim of a 35
61-sexual offense shall be informed of the right to have the 36
62-courtroom cleared of certain persons as pr ovided in s. 918.16 37
63-when the victim is testifying concerning that offense. 38
64- Section 2. This act shall take effect July 1, 2024. 39
51+Constitution and are designed to implement s. 16(b), Art. I of 26
52+the State Constitution and to achieve the following objectives: 27
53+ (q) Presence of victim advocate during discovery 28
54+deposition; testimony of victim of a sexual offense.—At the 29
55+request of the victim or the victim's parent, guardian, or 30
56+lawful representative, private counsel retained by the victim, 31
57+and a the victim advocate designated by the state attorney's 32
58+office, sheriff's office, or municipal police department, or one 33
59+representative from a not -for-profit victim services 34
60+organization, including, but not limited to, rape crisis 35
61+centers, domestic violence advocacy groups, and alcohol abuse or 36
62+substance abuse groups , shall be permitted to attend and be 37
63+present during any deposition of the victim. The victim of a 38
64+sexual offense shall be informed of the right to have the 39
65+courtroom cleared of certain persons as provided in s. 918.16 40
66+when the victim is testifying concerning that offense. 41
67+ (x) Immunity from prosecution f or test results from 42
68+victims.—The results of toxicology screening conducted in 43
69+conjunction with a sexual assault forensic examination or upon a 44
70+report of sexual violence may not be used to prosecute the 45
71+victim for a misdemeanor violation of chapter 893. 46
72+ Section 2. This act shall take effect July 1, 2024. 47