Senate Bill 0840c1

    Florida Senate - 2000                            CS for SB 840

    By the Committee on Criminal Justice and Senators Carlton and
    McKay




    307-1770-00

  1                      A bill to be entitled

  2         An act relating to criminal actions; defining

  3         the term "sexual abuse"; providing for the

  4         admissibility of a defendant's confession or

  5         admission in specified sexual abuse cases

  6         without proof of a corpus delicti of the crime

  7         under certain conditions; providing for a court

  8         hearing; requiring corroborating evidence of

  9         the trustworthiness of the defendant's

10         confession or admission; allowing hearsay

11         evidence at such hearing; requiring specific

12         findings of fact by the court on the record;

13         providing an effective 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)  As used in this section, the term "sexual abuse"

20  means an act of a sexual nature or sexual act that may be

21  prosecuted under any law of this state, including those

22  offenses specifically designated in subsection (2).

23         (2)  In any criminal action in which the defendant is

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

25  Florida Statutes; section 794.05, Florida Statutes; section

26  800.04, Florida Statutes; section 826.04, Florida Statutes;

27  section 827.03, Florida Statutes, involving sexual abuse;

28  section 827.04, Florida Statutes, involving sexual abuse; or

29  section 827.071, Florida Statutes, or any other crime

30  involving sexual abuse of another, or with any attempt,

31  solicitation, or conspiracy to commit any of these crimes, the

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






    Florida Senate - 2000                            CS for SB 840
    307-1770-00




  1  defendant's confession or admission is admissible during trial

  2  without the state having to prove a corpus delicti of the

  3  crime if the court finds in a hearing conducted outside the

  4  presence of the jury that the defendant's confession or

  5  admission is trustworthy. Before the court admits the

  6  defendant's confession or admission, the state must prove by a

  7  preponderance of evidence that there is sufficient

  8  corroborating evidence that tends to establish the

  9  trustworthiness of the statement by the defendant. Hearsay

10  evidence is admissible during the presentation of evidence at

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

12  consider all relevant corroborating evidence, including the

13  defendant's statements.

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

15  the record, for the basis of its ruling.

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

17  law.

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19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 840

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22  -     Defines "sexual abuse"

23  -     Qualifies that suspension of corpus delicti rule, as it
          relates to ss. 827.03 and 827.04, F.S., only involves
24        "sexual abuse" cases under those sections

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