House Bill 1585

    Florida House of Representatives - 2000                HB 1585

        By Representative Betancourt






  1                      A bill to be entitled

  2         An act relating to character evidence; amending

  3         s. 90.404, F.S.; providing that in certain

  4         criminal prosecutions involving domestic

  5         violence, evidence of prior acts of domestic

  6         violence by the defendant may be admissible;

  7         providing an effective date.

  8

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

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11         Section 1.  Subsection (2) of section 90.404, Florida

12  Statutes, is amended to read:

13         90.404  Character evidence; when admissible.--

14         (2)  OTHER CRIMES, WRONGS, OR ACTS.--

15         (a)1.  Similar fact evidence of other crimes, wrongs,

16  or acts is admissible when relevant to prove a material fact

17  in issue, such as proof of motive, opportunity, intent,

18  preparation, plan, knowledge, identity, or absence of mistake

19  or accident, but it is inadmissible when the evidence is

20  relevant solely to prove bad character or propensity.

21         2.  In criminal prosecutions involving domestic

22  violence wherein the defendant and the victim named in the

23  information or indictment are family or household members as

24  defined in s. 741.28(2), evidence of prior acts of domestic

25  violence by the defendant may be admissible provided the

26  probative value of such evidence is not outweighed by the

27  danger of unfair prejudice, confusion of the issues, or

28  misleading the jury. Upon admitting the evidence of prior acts

29  of domestic violence, the court shall instruct the jury as to

30  the limited purpose for which the evidence is admitted.

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






    Florida House of Representatives - 2000                HB 1585

    573-144-00






  1         (b)1.  When the state in a criminal action intends to

  2  offer evidence of other criminal offenses under paragraph (a),

  3  no fewer than 10 days before trial, the state shall furnish to

  4  the accused a written statement of the acts or offenses it

  5  intends to offer, describing them with the particularity

  6  required of an indictment or information.  No notice is

  7  required for evidence of offenses used for impeachment or on

  8  rebuttal.

  9         2.  When the evidence is admitted, the court shall, if

10  requested, charge the jury on the limited purpose for which

11  the evidence is received and is to be considered.  After the

12  close of the evidence, the jury shall be instructed on the

13  limited purpose for which the evidence was received and that

14  the defendant cannot be convicted for a charge not included in

15  the indictment or information.

16         Section 2.  This act shall take effect October 1, 2000.

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19                          HOUSE SUMMARY

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      Provides that in described criminal prosecutions
21    involving domestic violence, evidence of prior acts of
      domestic violence by the defendant may be admissible. See
22    bill for details.

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