House Bill hb0119c1

    Florida House of Representatives - 2001              CS/HB 119

        By the Committee on Judicial Oversight and Representatives
    Betancourt, Wiles, Kravitz, Lynn, Bucher and Gannon





  1                      A bill to be entitled

  2         An act relating to character evidence; amending

  3         s. 90.404, F.S.; providing that, in certain

  4         criminal prosecutions involving domestic

  5         violence, evidence of prior convictions for or

  6         acts resulting in an injunction for domestic

  7         violence by the defendant may be admissible;

  8         providing an effective date.

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

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12         Section 1.  Subsection (2) of section 90.404, Florida

13  Statutes, is amended to read:

14         90.404  Character evidence; when admissible.--

15         (2)  OTHER CRIMES, WRONGS, OR ACTS.--

16         (a)1.  Similar fact evidence of other crimes, wrongs,

17  or acts is admissible when relevant to prove a material fact

18  in issue, such as proof of motive, opportunity, intent,

19  preparation, plan, knowledge, identity, or absence of mistake

20  or accident, but it is inadmissible when the evidence is

21  relevant solely to prove bad character or propensity.

22         2.  In criminal prosecutions involving domestic

23  violence, as defined in s. 741.28(1), wherein the defendant

24  and the victim named in the information or indictment are

25  family or household members as defined in s. 741.28(2),

26  evidence of a prior conviction for or acts resulting in an

27  injunction for domestic violence by the defendant may be

28  admissible provided the probative value of such evidence is

29  not outweighed by the danger of unfair prejudice, confusion of

30  the issues, or misleading the jury. Upon admitting the

31  evidence of prior convictions for or acts resulting in an

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    Florida House of Representatives - 2001              CS/HB 119

    687-157-01






  1  injunction for domestic violence, the court shall instruct the

  2  jury as to the limited purpose for which the evidence is

  3  admitted.

  4         (b)1.  When the state in a criminal action intends to

  5  offer evidence of other criminal offenses under paragraph (a),

  6  no fewer than 10 days before trial, the state shall furnish to

  7  the accused a written statement of the acts or offenses it

  8  intends to offer, describing them with the particularity

  9  required of an indictment or information.  No notice is

10  required for evidence of offenses used for impeachment or on

11  rebuttal.

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

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

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

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

16  limited purpose for which the evidence was received and that

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

18  the indictment or information.

19         Section 2.  This act shall take effect October 1, 2001.

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