Senate Bill 1952

    Florida Senate - 2000                                  SB 1952

    By Senator Diaz de la Portilla





    34-1476A-00

  1                      A bill to be entitled

  2         An act relating to criminal liability for

  3         failure to report a crime; creating s. 877.31,

  4         F.S.; creating the "Nicholas Isaac Cordero

  5         Act"; requiring that a person who knows that a

  6         crime is being committed must report the crime

  7         to a law enforcement officer, under specified

  8         circumstances, if the crime exposes the victim

  9         to serious bodily injury; providing penalties;

10         providing for construction; providing an

11         effective date.

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

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15         Section 1.  Section 877.31, Florida Statutes, is

16  created to read:

17         877.31  Legal duty to report a crime exposing the

18  victim to serious bodily injury; penalties for failure to

19  report; construction.--

20         (1)  This section may be cited as the "Nicholas Isaac

21  Cordero Act."

22         (2)  A person who knows that a crime that exposes the

23  victim to serious bodily injury is being committed must report

24  the crime to a law enforcement officer as soon as is

25  reasonably practicable to the extent that the report can be

26  made without danger to the person reporting or to another

27  person. Any person who violates this subsection commits a

28  misdemeanor of the second degree, punishable as provided in s.

29  775.082 or s. 775.083.

30         (3)  This section does not apply to a person who is:

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






    Florida Senate - 2000                                  SB 1952
    34-1476A-00




  1         (a)  Prosecuted as a principal in the first degree or

  2  as an accessory after the fact to an offense;

  3         (b)  Prosecuted for attempting, soliciting, or

  4  conspiring to commit an offense, when the prosecuted offense

  5  occurred in the course of the same criminal conduct,

  6  transaction, or episode as the criminal offense that exposed

  7  the victim to serious bodily injury;

  8         (c)  Related by blood or marriage to the principal or

  9  victim of an episode that exposes the victim to serious bodily

10  injury; or

11         (d)  A victim of serious bodily injury.

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

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15                          SENATE SUMMARY

16    Creates the "Nicholas Isaac Cordero Act." Requires a
      person who knows that a crime is being committed to
17    report the crime to a law enforcement officer, under
      specified circumstances, when the crime exposes the
18    victim to serious bodily injury. Provides criminal
      penalties for failure to make the report. Provides for
19    certain exceptions.

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