Senate Bill 1538

    Florida Senate - 1998                                  SB 1538

    By Senator Turner





    36-1305-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Florida Evidence Code;

  3         amending s. 90.612, F.S., relating to mode and

  4         order of interrogation of witnesses and

  5         presentation of evidence; providing for the

  6         court to protect a witness under 14 years of

  7         age from undue harassment or embarrassment;

  8         providing for the court to ensure that

  9         questions are stated in a form appropriate to

10         the witness's age and understanding and to

11         forbid certain questions upon objection by a

12         party; providing an effective date.

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

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16         Section 1.  Subsection (1) of section 90.612, Florida

17  Statutes, is amended to read:

18         90.612  Mode and order of interrogation and

19  presentation.--

20         (1)  The judge shall exercise reasonable control over

21  the mode and order of the interrogation of witnesses and the

22  presentation of evidence, so as to:

23         (a)  Facilitate, through effective interrogation and

24  presentation, the discovery of the truth.

25         (b)  Avoid needless consumption of time.

26         (c)  Protect witnesses from harassment or undue

27  embarrassment.

28         (d)  Take special care to protect a witness under 14

29  years of age from undue harassment or embarrassment and to

30  restrict the unnecessary repetition of questions. The court

31  shall also take special care to ensure questions are stated in

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






    Florida Senate - 1998                                  SB 1538
    36-1305-98                                              See HB




  1  a form which is appropriate to the age and understanding of

  2  the witness. In the interests of justice, the court may, on

  3  objection by a party, forbid the asking of a question which is

  4  in a form that is not reasonably likely to be understood by a

  5  person of the age and understanding of the witness.

  6         Section 2.  This act shall take effect July 1 of the

  7  year in which enacted.

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10                          HOUSE SUMMARY

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      Provides for the court to protect a witness under 14
12    years of age from undue harassment or embarrassment.
      Provides for the court to ensure that questions are
13    stated in a form appropriate to the witness's age and
      understanding and to forbid certain questions, upon
14    objection by a party.

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