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