House Bill 0423c1

    Florida House of Representatives - 1999              CS/HB 423

        By the Committee on Crime & Punishment and 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, victims, and their immediate

24  families or guardians, attorneys and their secretaries,

25  officers of the court, jurors, newspaper reporters or

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

27  victim, victim or witness advocates designated by the state

28  attorney's office.

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

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

31  court shall clear the courtroom of all persons upon the

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






    Florida House of Representatives - 1999              CS/HB 423

    189-872A-99






  1  request of the victim, regardless of his or her age or mental

  2  capacity, except that parties to the cause, victims, and their

  3  immediate families or guardians, attorneys and their

  4  secretaries, officers of the court, jurors, newspaper

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

  6  request of the victim, any victim or witness advocate

  7  designated by the state attorney may remain in the courtroom.

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

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