House Bill 0887
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 887
By the Committee on Crime & Punishment and Representative
Ball
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 which
15 shows that an accused child molester has molested children at
16 other times is relevant to corroborate the victim's testimony,
17 and
18 WHEREAS, the Legislature finds that evidence which
19 shows that an accused child molester has molested children at
20 other times has a probative value which outweighs its
21 prejudicial effect, NOW, THEREFORE,
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Subsection (2) of section 90.404, Florida
26 Statutes, is amended to read:
27 90.404 Character evidence; when admissible.--
28 (2) OTHER CRIMES, WRONGS, OR ACTS.--
29 (a) Similar fact Evidence of other crimes, wrongs, or
30 acts is admissible when relevant to prove a material fact in
31 issue, including, but not limited to, such as proof of motive,
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 887
189-887A-00
1 opportunity, intent, preparation, plan, knowledge, identity,
2 or absence of mistake or accident, but it is inadmissible when
3 the evidence is relevant solely to prove bad character or
4 propensity.
5 (b)1. In a criminal case in which the defendant is
6 charged with a crime involving child molestation, evidence of
7 the defendant's commission of other acts of child molestation
8 is admissible, and may be considered for its bearing on any
9 matter to which it is relevant. Such evidence is admissible
10 under this subsection, notwithstanding s. 90.403 when, in the
11 discretion of the court, such evidence does not become a
12 feature of the trial.
13 2. For the purposes of this paragraph, the term "child
14 molestation" means conduct proscribed by s. 794.011 or s.
15 800.04 when committed against a person 16 years of age or
16 younger.
17 (c)(b)1. When the state in a criminal action intends
18 to offer evidence of other criminal offenses under paragraph
19 (a) or (b), no fewer than 10 days before trial, the state
20 shall furnish to the defendant or to the defendant's counsel
21 accused a written statement of the acts or offenses it intends
22 to offer, describing them with the particularity required of
23 an indictment or information. No notice is required for
24 evidence of offenses used for impeachment or on rebuttal.
25 2. When the evidence is admitted, the court shall, if
26 requested, charge the jury on the limited purpose for which
27 the evidence is received and is to be considered. After the
28 close of the evidence, the jury shall be instructed on the
29 limited purpose for which the evidence was received and that
30 the defendant cannot be convicted for a charge not included in
31 the indictment or information.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 887
189-887A-00
1 Section 2. This act shall take effect July 1, 2000.
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4 HOUSE SUMMARY
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Revises a provision of law under the Florida Evidence
6 Code relating to character evidence to provide that in a
criminal case in which the defendant is charged with a
7 crime involving child molestation, evidence of the
defendant's commission of other acts of child molestation
8 is admissible, and may be considered for its bearing on
any matter to which it is relevant. See bill for
9 details.
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