Florida Senate - 2011                                    SB 1274
       
       
       
       By Senator Montford
       
       
       
       
       6-01086B-11                                           20111274__
    1                        A bill to be entitled                      
    2         An act relating to testimony given by children;
    3         amending s. 92.55, F.S.; authorizing a court to use
    4         registered service or therapy animals to aid children
    5         in giving testimony in legal proceedings when
    6         appropriate; requiring the court to consider certain
    7         factors before permitting such testimony; requiring
    8         that such registered service or therapy animals be
    9         evaluated and registered according to national
   10         standards; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 92.55, Florida Statutes, is amended to
   15  read:
   16         92.55 Judicial or other proceedings involving victim or
   17  witness under the age of 16 or person with mental retardation;
   18  special protections; use of registered service or therapy
   19  animals.—
   20         (1) Upon motion of any party, upon motion of a parent,
   21  guardian, attorney, or guardian ad litem for a child under the
   22  age of 16 or person with mental retardation, or upon its own
   23  motion, the court may enter any order necessary to protect a
   24  child under the age of 16 or person with mental retardation who
   25  is a victim or witness in any judicial proceeding or other
   26  official proceeding from severe emotional or mental harm due to
   27  the presence of the defendant if the child or person with mental
   28  retardation is required to testify in open court. Such orders
   29  shall relate to the taking of testimony and shall include, but
   30  not be limited to:
   31         (a) Interviewing or the taking of depositions as part of a
   32  civil or criminal proceeding.
   33         (b) Examination and cross-examination for the purpose of
   34  qualifying as a witness or testifying in any proceeding.
   35         (c) The use of testimony taken outside of the courtroom,
   36  including proceedings under ss. 92.53 and 92.54.
   37         (2) In ruling upon the motion, the court shall take into
   38  consideration:
   39         (a) The age of the child, the nature of the offense or act,
   40  the relationship of the child to the parties in the case or to
   41  the defendant in a criminal action, the degree of emotional
   42  trauma that will result to the child as a consequence of the
   43  defendant’s presence, and any other fact that the court deems
   44  relevant; or
   45         (b) The age of the person with mental retardation, the
   46  functional capacity of the person with mental retardation, the
   47  nature of the offenses or act, the relationship of the person
   48  with mental retardation to the parties in the case or to the
   49  defendant in a criminal action, the degree of emotional trauma
   50  that will result to the person with mental retardation as a
   51  consequence of the defendant’s presence, and any other fact that
   52  the court deems relevant.
   53         (3) In addition to such other relief as is provided by law,
   54  the court may enter orders limiting the number of times that a
   55  child or person with mental retardation may be interviewed,
   56  prohibiting depositions of a child or person with mental
   57  retardation, requiring the submission of questions prior to
   58  examination of a child or person with mental retardation,
   59  setting the place and conditions for interviewing a child or
   60  person with mental retardation or for conducting any other
   61  proceeding, or permitting or prohibiting the attendance of any
   62  person at any proceeding. The court shall enter any order
   63  necessary to protect the rights of all parties, including the
   64  defendant in any criminal action.
   65         (4) The court may set any other conditions on the taking of
   66  testimony by children which it finds just and appropriate,
   67  including the use of a registered service or therapy animal.
   68  When deciding whether to permit a child to testify with the
   69  assistance of a registered service or therapy animal, the court
   70  shall take into consideration the age of the child, the
   71  interests of the child, the rights of the parties to the
   72  litigation, and any other relevant factor that would aid in the
   73  facilitation of testimony by the child. Such registered service
   74  or therapy animals shall be evaluated and registered according
   75  to national standards.
   76         Section 2. This act shall take effect July 1, 2011.