CODING: Words stricken are deletions; words underlined are additions.
House Bill 0027




    Florida House of Representatives - 1997                  HB 27

        By Representative Saunders






  1                      A bill to be entitled

  2         An act relating to the interrogation of

  3         witnesses; amending s. 90.612, F.S.; requiring

  4         judges to exercise reasonable control over the

  5         interrogation of witnesses who are under a

  6         specified age, in order to protect the witness

  7         and to serve the interest of justice; providing

  8         an effective date.

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

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12         Section 1.  Paragraph (d) is added to subsection (1) of

13  section 90.612, Florida Statutes, to read:

14         90.612  Mode and order of interrogation and

15  presentation.--

16         (1)  The judge shall exercise reasonable control over

17  the mode and order of the interrogation of witnesses and the

18  presentation of evidence, so as to:

19         (d)  Take special care to protect a witness who is

20  under the age of 14 years from undue harassment or

21  embarrassment and to restrict the unnecessary repetition of

22  questions that are directed at such a witness. The court shall

23  also take special care to ensure that the questions are stated

24  in a form that is appropriate to the age and understanding of

25  the witness. The court may, in the interests of justice, on

26  objection by a party, forbid the asking of a question that is

27  in a form that is unlikely to be understood by a person of the

28  witness's age and understanding.

29         Section 2.  This act shall take effect July 1, 1997.

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






    Florida House of Representatives - 1997                  HB 27

    550-133-97






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  2                          HOUSE SUMMARY

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      With respect to a witness who is under the age of 14
  4    years:

  5         1.  Requires judges to take special care to protect
      such a witness from undue harassment or embarrassment, to
  6    restrict the unnecessary repetition of questions, and to
      ensure that questions are couched in a form that is
  7    appropriate to the witness's age and understanding.

  8         2.  Allows the judge to sustain an objection to a
      question that the judge considers unlikely to be
  9    understood by a person of the witness's age and
      understanding.
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