Senate Bill 1538c1

    Florida Senate - 1998                           CS for SB 1538

    By the Committee on Judiciary and Senator Turner





    308-2232-98

  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 that questions are

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






    Florida Senate - 1998                           CS for SB 1538
    308-2232-98




  1  stated in a form that is appropriate to the age and

  2  understanding of the witness. In the interests of justice, the

  3  court may, for good cause, forbid the asking of a question

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

  5  understood by a person of the age and understanding of the

  6  witness. This paragraph does not apply to situations in which

  7  a witness under the age of 14 is a criminal defendant being

  8  tried as an adult.

  9         Section 2.  This act shall take effect July 1, 1998.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 1538

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14  The Committee Substitute for Senate Bill 1538 provides that
    the bill does not apply to a witness under 14 years of age who
15  is a criminal defendant being tried as an adult.

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