House Bill 0887c1

    Florida House of Representatives - 2000              CS/HB 887

        By the Committees on Judiciary, Crime & Punishment and
    Representatives Ball and Greenstein





  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,

22

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              CS/HB 887

    687-131-00






  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.

10         2.  For the purposes of this paragraph, the term "child

11  molestation" means conduct proscribed by s. 794.011 or s.

12  800.04 when committed against a person 16 years of age or

13  younger.

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

15  to offer evidence of other criminal offenses under paragraph

16  (a) or (b), no fewer than 10 days before trial, the state

17  shall furnish to the defendant or to the defendant's counsel

18  accused a written statement of the acts or offenses it intends

19  to offer, describing them with the particularity required of

20  an indictment or information.  No notice is required for

21  evidence of offenses used for impeachment or on rebuttal.

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

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

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

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

26  limited purpose for which the evidence was received and that

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

28  the indictment or information.

29         Section 2.  This act shall take effect July 1, 2000.

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