Senate Bill 0198c1

    Florida Senate - 1999                            CS for SB 198

    By the Committee on Judiciary and Senators Klein and
    Brown-Waite




    308-790A-99

  1                      A bill to be entitled

  2         An act relating to trial testimony concerning

  3         sexual offenses; amending s. 918.16, F.S.;

  4         requiring that the court clear the courtroom at

  5         the request of a victim during his or her

  6         testimony concerning a sexual offense,

  7         regardless of the victim's age or mental

  8         capacity; providing certain exceptions;

  9         providing an effective date.

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

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13         Section 1.  Section 918.16, Florida Statutes, is

14  amended to read:

15         918.16  Sex offenses; testimony of person under age 16

16  or person with mental retardation; testimony of victim;

17  courtroom cleared; exceptions.--

18         (1)  Except as provided in subsection (2), in the trial

19  of any case, civil or criminal, when any person under the age

20  of 16 or any person with mental retardation as defined in s.

21  393.063(44) s. 393.063(41) is testifying concerning any sex

22  offense, the court shall clear the courtroom of all persons

23  except parties to the cause and their immediate families or

24  guardians, attorneys and their secretaries, officers of the

25  court, jurors, newspaper reporters or broadcasters, court

26  reporters, and, at the request of the victim, victim or

27  witness advocates designated by the state attorney's office.

28         (2)  When the victim of a sex offense is testifying

29  concerning that offense in any civil or criminal trial, the

30  court shall clear the courtroom of all persons upon the

31  request of the victim, regardless of the victim's age or

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






    Florida Senate - 1999                            CS for SB 198
    308-790A-99




  1  mental capacity, except that parties to the cause and their

  2  immediate families or guardians, attorneys and their

  3  secretaries, officers of the court, jurors, newspaper

  4  reporters or broadcasters, court reporters, and, at the

  5  request of the victim, victim or witness advocates designated

  6  by the state attorney may remain in the courtroom.

  7         Section 2.  This act shall take effect July 1, 1999.

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  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                              SB 198

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12  Reinstates existing statutory language inadvertently deleted
    regarding the presence of victim advocates or witness
13  advocates in the courtroom during the sexual offense testimony
    of a person who is under the age of 16 years or who has mental
14  retardation.

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