CODING: Words stricken are deletions; words underlined are additions.
House Bill 1059er

    ENROLLED

    1997 Legislature                                       HB 1059



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  2         An act relating to sentencing; amending s.

  3         921.143, F.S., relating to the appearance of

  4         victim or next of kin to make statement at

  5         sentencing hearing; providing for the victim or

  6         next of kin to make a statement at such

  7         appearance in conjunction with submitting a

  8         written statement to the state attorney's

  9         office to be filed with the court; requiring

10         the prosecuting attorney to advise the victim

11         that such statements may relate to any matter

12         relevant to appropriate disposition and

13         sentence; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsections (1) and (2) of section 921.143,

18  Florida Statutes, are amended to read:

19         921.143  Appearance of victim or next of kin to make

20  statement at sentencing hearing; submission of written

21  statement.--

22         (1)  At the sentencing hearing, and prior to the

23  imposition of sentence upon any defendant who has been

24  convicted of any felony or who has pleaded guilty or nolo

25  contendere to any crime, including a criminal violation of a

26  provision of chapter 316, the sentencing court shall permit

27  the victim of the crime for which the defendant is being

28  sentenced, or the next of kin of the victim if the victim has

29  died from causes related to the crime, to:

30         (a)  Appear before the sentencing court for the purpose

31  of making a statement under oath for the record; and or


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




    ENROLLED

    1997 Legislature                                       HB 1059



  1         (b)  Submit a written statement under oath to the

  2  office of the state attorney, which statement shall be filed

  3  with the sentencing court.

  4         (2)  The state attorney or any assistant state attorney

  5  shall advise all victims or, when appropriate, their next of

  6  kin that statements, whether oral or written, shall relate

  7  solely to the facts of the case and the extent of any harm,

  8  including social, psychological, or physical harm, financial

  9  losses, and loss of earnings directly or indirectly resulting

10  from the crime for which the defendant is being sentenced, and

11  any matter relevant to an appropriate disposition and

12  sentence.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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