Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1188

254696

CHAMBER ACTION

Senate

Comm: WD

4/8/2008

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House



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The Committee on Criminal Justice (Lynn) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 461 and 462,

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insert:

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     Section 4.  Paragraphs (b) and (c) of subsection (1) of

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section 960.001, Florida Statutes, are amended to read:

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     960.001  Guidelines for fair treatment of victims and

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witnesses in the criminal justice and juvenile justice systems.--

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     (1)  The Department of Legal Affairs, the state attorneys,

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the Department of Corrections, the Department of Juvenile

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Justice, the Parole Commission, the State Courts Administrator

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and circuit court administrators, the Department of Law

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Enforcement, and every sheriff's department, police department,

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or other law enforcement agency as defined in s. 943.10(4) shall

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develop and implement guidelines for the use of their respective

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agencies, which guidelines are consistent with the purposes of

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this act and s. 16(b), Art. I of the State Constitution and are

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designed to implement the provisions of s. 16(b), Art. I of the

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State Constitution and to achieve the following objectives:

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     (b)  Information for purposes of notifying victim or

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appropriate next of kin of victim or other designated contact of

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victim.--In the case of a homicide, pursuant to chapter 782; or a

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sexual offense, pursuant to chapter 794; or an attempted murder

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or sexual offense, pursuant to chapter 777; or stalking, pursuant

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to s. 784.048; or domestic violence, pursuant to s. 741.28; or

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repeat violence, sexual violence, or dating violence, pursuant to

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s. 784.046 s. 25.385:

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     1.  The arresting law enforcement officer or personnel of an

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organization that provides assistance to a victim or to the

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appropriate next of kin of the victim or other designated contact

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must request that the victim or appropriate next of kin of the

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victim or other designated contact complete a victim notification

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card. However, the victim or appropriate next of kin of the

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victim or other designated contact may choose not to complete the

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victim notification card.

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     2.  Unless the victim or the appropriate next of kin of the

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victim or other designated contact waives the option to complete

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the victim notification card, a copy of the victim notification

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card must be filed with the incident report or warrant in the

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sheriff's office of the jurisdiction in which the incident report

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or warrant originated. The notification card shall, at a minimum,

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consist of:

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     a.  The name, address, and phone number of the victim; or

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     b.  The name, address, and phone number of the appropriate

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next of kin of the victim; or

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     c.  The name, address, and phone number of a designated

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contact other than the victim or appropriate next of kin of the

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victim; and

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     d.  Any relevant identification or case numbers assigned to

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the case.

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     3.  The chief administrator, or a person designated by the

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chief administrator, of a county jail, municipal jail, juvenile

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detention facility, or residential commitment facility shall make

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a reasonable attempt to notify the alleged victim or appropriate

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next of kin of the alleged victim or other designated contact

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within 4 hours following the release of the defendant on bail or,

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in the case of a juvenile offender, upon the release from

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residential detention or commitment. If the chief administrator,

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or designee, is unable to contact the alleged victim or

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appropriate next of kin of the alleged victim or other designated

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contact by telephone, the chief administrator, or designee, must

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send to the alleged victim or appropriate next of kin of the

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alleged victim or other designated contact a written notification

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of the defendant's release.

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     4.  Unless otherwise requested by the victim or the

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appropriate next of kin of the victim or other designated

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contact, the information contained on the victim notification

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card must be sent by the chief administrator, or designee, of the

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appropriate facility to the subsequent correctional or

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residential commitment facility following the sentencing and

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incarceration of the defendant, and unless otherwise requested by

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the victim or the appropriate next of kin of the victim or other

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designated contact, he or she must be notified of the release of

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the defendant from incarceration as provided by law.

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     5.  If the defendant was arrested pursuant to a warrant

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issued or taken into custody pursuant to s. 985.101 in a

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jurisdiction other than the jurisdiction in which the defendant

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is being released, and the alleged victim or appropriate next of

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kin of the alleged victim or other designated contact does not

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waive the option for notification of release, the chief

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correctional officer or chief administrator of the facility

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releasing the defendant shall make a reasonable attempt to

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immediately notify the chief correctional officer of the

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jurisdiction in which the warrant was issued or the juvenile was

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taken into custody pursuant to s. 985.101, and the chief

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correctional officer of that jurisdiction shall make a reasonable

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attempt to notify the alleged victim or appropriate next of kin

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of the alleged victim or other designated contact, as provided in

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this paragraph, that the defendant has been or will be released.

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     (c)  Information concerning protection available to victim

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or witness.--A victim or witness shall be furnished, as a matter

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of course, with information on steps that are available to law

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enforcement officers and state attorneys to protect victims and

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witnesses from intimidation. Victims of domestic violence, repeat

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violence, sexual violence, or dating violence shall also be given

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information about the address confidentiality program provided

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under s. 741.403.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 11, after the second semicolon,

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insert:

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amending s. 960.001, F.S.; requiring certain named

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entities to give specified information to a victim of

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domestic violence, repeat violence, sexual violence, or

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dating violence;

4/7/2008  9:39:00 AM     591-06684-08

CODING: Words stricken are deletions; words underlined are additions.