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

House Bill 0245

Florida House of Representatives - 1997 HB 245 By Representative Fasano 1 A bill to be entitled 2 An act relating to time limitations for sexual 3 battery prosecutions; amending s. 775.15, F.S.; 4 providing an unlimited time period for the 5 commencement of prosecutions for first or 6 second degree felony violations of s. 794.011, 7 F.S., under certain circumstances; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsections (1) and (7) of section 775.15, 13 Florida Statutes, 1996 Supplement, are amended to read: 14 775.15 Time limitations.-- 15 (1)(a) A prosecution for a capital felony, a life 16 felony, or a felony that resulted in a death may be commenced 17 at any time. If the death penalty is held to be 18 unconstitutional by the Florida Supreme Court or the United 19 States Supreme Court, all crimes designated as capital 20 felonies shall be considered life felonies for the purposes of 21 this section, and prosecution for such crimes may be commenced 22 at any time. 23 (b) Except as otherwise provided in subsection (7), a 24 prosecution for a first or second degree felony violation of 25 s. 794.011, if such crime is reported to a law enforcement 26 agency, hospital, clinic, or governmental agency within 72 27 hours after commission of the crime, may be commenced at any 28 time. If such crime is not reported within 72 hours after the 29 commission of the crime, the prosecution must be commenced 30 within the time periods prescribed in subsection (2). 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 245 565-110A-97 1 (7) If the victim of a violation of s. 794.011, former 2 s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is 3 under the age of 16, the applicable period of limitation, if 4 any, does not begin to run until the victim has reached the 5 age of 16 or the violation is reported to a law enforcement 6 agency or other governmental agency, whichever occurs earlier. 7 Such law enforcement agency or other governmental agency shall 8 promptly report such allegation to the state attorney for the 9 judicial circuit in which the alleged violation occurred. If 10 the offense is a first or second degree felony violation of s. 11 794.011, and the crime is reported within 72 hours after its 12 commission, paragraph (1)(b) applies. This subsection applies 13 to any such offense except an offense the prosecution of which 14 would have been barred by subsection (2) on or before December 15 31, 1984. 16 Section 2. This act shall take effect October 1, 1997, 17 and shall apply to pending cases when the offense was reported 18 within 72 hours of its commission and with respect to which 19 the prosecution has not been barred prior to this date. 20 21 ***************************************** 22 HOUSE SUMMARY 23 Provides an unlimited time period for commencing 24 prosecution of certain sexual battery crimes constituting first or second degree felony violations of section 25 794.011, Florida Statutes, under specified circumstances when the crime has been reported within 72 hours of 26 commission. 27 28 29 30 31 2