Senate Bill 1316c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1316
By the Committee on Judiciary and Senator Brown-Waite
308-1721-00
1 A bill to be entitled
2 An act relating to the Florida Evidence Code;
3 amending s. 90.404, F.S.; revising a provision
4 of law governing character evidence to permit
5 the admission of certain evidence of the
6 defendant's commission of acts of child
7 molestation under certain circumstances;
8 providing a definition; providing an effective
9 date.
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11 WHEREAS, the Legislature finds that in cases of child
12 sexual abuse, the credibility of the victim is frequently a
13 focal issue of the case, and
14 WHEREAS, the Legislature finds that evidence showing
15 that an accused child molester has molested children at other
16 times is relevant to corroborate the victim's testimony, and
17 WHEREAS, the Legislature finds that evidence showing
18 that an accused child molester has molested children at other
19 times has a probative value that outweighs its prejudicial
20 effect, NOW, THEREFORE,
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Subsection (2) of section 90.404, Florida
25 Statutes, is amended to read:
26 90.404 Character evidence; when admissible.--
27 (2) OTHER CRIMES, WRONGS, OR ACTS.--
28 (a) Similar fact evidence of other crimes, wrongs, or
29 acts is admissible when relevant to prove a material fact in
30 issue, including, but not limited to, such as proof of motive,
31 opportunity, intent, preparation, plan, knowledge, identity,
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1316
308-1721-00
1 or absence of mistake or accident, but it is inadmissible when
2 the evidence is relevant solely to prove bad character or
3 propensity.
4 (b)1. In a criminal case in which the defendant is
5 charged with a crime involving child molestation, evidence of
6 the defendant's commission of other acts of child molestation
7 is admissible, and may be considered for its bearing on any
8 matter to which it is relevant.
9 2. For the purposes of this paragraph, the term "child
10 molestation" means conduct proscribed by s. 794.011 or s.
11 800.04 when committed against a person 16 years of age or
12 younger.
13 (c)(b)1. When the state in a criminal action intends
14 to offer evidence of other criminal offenses under paragraph
15 (a) or (b), no fewer than 10 days before trial, the state
16 shall furnish to the defendant or to the defendant's counsel
17 accused a written statement of the acts or offenses it intends
18 to offer, describing them with the particularity required of
19 an indictment or information. No notice is required for
20 evidence of offenses used for impeachment or on rebuttal.
21 2. When the evidence is admitted, the court shall, if
22 requested, charge the jury on the limited purpose for which
23 the evidence is received and is to be considered. After the
24 close of the evidence, the jury shall be instructed on the
25 limited purpose for which the evidence was received and that
26 the defendant cannot be convicted for a charge not included in
27 the indictment or information.
28 Section 2. This act shall take effect July 1, 2000.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1316
308-1721-00
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1316
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4 Reinstates the existing phrase "Similar fact" to paragraph (a)
of subsection (2) of s. 90.404, F.S.
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Deletes from the bill the provision stating that evidence of
6 other acts of child molestation is admissible notwithstanding
s. 90.403, F.S.
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