| 1 | A bill to be entitled |
| 2 | An act relating to sexual battery; creating s. 794.052, |
| 3 | F.S.; requiring each law enforcement officer who |
| 4 | investigates an alleged sexual battery incident to assist |
| 5 | the victim in obtaining medical treatment if medical |
| 6 | treatment is necessary and advise the victim that he or |
| 7 | she may contact a certified rape crisis center for |
| 8 | services; requiring the law enforcement officer to |
| 9 | immediately notify the victim of the legal rights and |
| 10 | remedies available to a victim of sexual battery; |
| 11 | directing that the notice of rights and remedies be |
| 12 | written on a standard notice form developed and |
| 13 | distributed by the Department of Law Enforcement; |
| 14 | requiring the department to revise the notice form as |
| 15 | necessary; requiring the department to distribute the |
| 16 | notice as a model form for sexual battery victims to be |
| 17 | used by law enforcement agencies throughout the state; |
| 18 | requiring the notice to include certain information; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 794.052, Florida Statutes, is created |
| 24 | to read: |
| 25 | 794.052 Sexual battery; notification of victim's rights |
| 26 | and services.-- |
| 27 | (1) A law enforcement officer who investigates an alleged |
| 28 | sexual battery shall: |
| 29 | (a) Assist the victim in obtaining medical treatment if |
| 30 | medical treatment is necessary as a result of the alleged |
| 31 | incident. |
| 32 | (b) Advise the victim that he or she may contact a |
| 33 | certified rape crisis center from which the victim may receive |
| 34 | services. |
| 35 | (2)(a) The law enforcement officer shall give the victim |
| 36 | immediate notice of the legal rights and remedies available to a |
| 37 | victim on a standard form developed and distributed by the |
| 38 | Department of Law Enforcement. |
| 39 | (b) As necessary, the department shall revise the "Legal |
| 40 | Rights and Remedies Notice to Victims" to include a general |
| 41 | summary of s. 784.046 using simple English as well as Spanish. |
| 42 | The department shall distribute the notice as a model form for |
| 43 | sexual battery victims to be used by all law enforcement |
| 44 | agencies throughout the state. The notice must include the |
| 45 | resource listing, including telephone number, for the area |
| 46 | certified rape crisis center as designated by the Department of |
| 47 | Health. |
| 48 | Section 2. This act shall take effect July 1, 2009. |