House Bill 0423

    Florida House of Representatives - 1999                 HB 423

        By Representative Argenziano






  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, and court

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

27  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 his or her age or mental

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






    Florida House of Representatives - 1999                 HB 423

    576-131-99






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

  2  families or guardians, attorneys and their secretaries,

  3  officers of the court, jurors, newspaper reporters or

  4  broadcasters, court reporters, and, at the request of the

  5  victim, any victim or witness advocate designated by the state

  6  attorney may remain in the courtroom.

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

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10                          SENATE SUMMARY

11    Provides that, at the request of the victim of a sexual
      offense, the court must clear the courtroom during the
12    victim's testimony, regardless of the victim's age or
      mental capacity. Specifies certain parties and officers
13    of the court who may remain in the courtroom during the
      testimony.
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