Senate Bill 0840

    Florida Senate - 2000                                   SB 840

    By Senator Carlton





    24-601-00

  1                      A bill to be entitled

  2         An act relating to criminal actions; providing

  3         for the admissibility of a defendant's

  4         confession or admission in specified sexual

  5         abuse cases without proof of a corpus delicti

  6         of the crime under certain conditions;

  7         providing for a court hearing; requiring

  8         corroborating evidence of the trustworthiness

  9         of the defendant's confession or admission;

10         allowing hearsay evidence at such hearing;

11         requiring specific findings of fact by the

12         court on the record; providing an effective

13         date.

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

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17         Section 1.  Admissibility of confession in sexual abuse

18  cases.--

19         (1)  In any criminal action in which the defendant is

20  charged with a crime against a victim under section 794.011,

21  section 794.05, section 800.04, section 826.04, section

22  827.03, section 827.04, or section 827.071, Florida Statutes,

23  or any other crime involving sexual abuse of another, or with

24  any attempt, solicitation, or conspiracy to commit any of

25  these crimes, the defendant's confession or admission is

26  admissible during trial without the state having to prove a

27  corpus delicti of the crime if the court finds in a hearing

28  conducted outside the presence of the jury that the

29  defendant's confession or admission is trustworthy. Before the

30  court admits the defendant's confession or admission, the

31  state must prove by a preponderance of evidence that there is

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






    Florida Senate - 2000                                   SB 840
    24-601-00




  1  sufficient corroborating evidence that tends to establish the

  2  trustworthiness of the statement by the defendant. Hearsay

  3  evidence is admissible during the presentation of evidence at

  4  the hearing. In making its determination, the court may

  5  consider all relevant corroborating evidence, including the

  6  defendant's statements.

  7         (2)  The court shall make specific findings of fact, on

  8  the record, for the basis of its ruling.

  9         Section 2.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

14    Provides that in specified criminal cases involving
      sexual abuse, a defendant's admission or confession may
15    be admitted into evidence without proof of a corpus
      delicti under certain circumstances. Provides for a court
16    hearing and corroborative evidence of the trustworthiness
      of the defendant's confession or admission. Allows
17    hearsay evidence at such hearing. Requires the court to
      make specific findings of fact on the record of its
18    ruling.

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