House Bill hb1209

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    Florida House of Representatives - 2002                HB 1209

        By Representative Gardiner






  1                      A bill to be entitled

  2         An act relating to crime victims; creating s.

  3         960.0021, F.S.; providing legislative findings;

  4         providing for an advisement from the court to

  5         the victim of a crime with respect to the

  6         rights of victims; providing an effective date.

  7

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

  9

10         Section 1.  Section 960.0021, Florida Statutes, is

11  created to read:

12         960.0021  Legislative intent; advisement to

13  victims.--The Legislature finds that in order to ensure that

14  crime victims can effectively understand and exercise their

15  rights under s. 16, Art. I of the State Constitution, and to

16  promote law enforcement that considers the interests of crime

17  victims, victims must be properly advised in the courts of

18  this state. Any judge who presides over a criminal docket at

19  which accused persons are arraigned or sentenced, or when

20  cases are considered for case management, shall announce the

21  following advisement:

22

23         If you are the victim of a crime with a case

24         pending before this court, you are advised that

25         you have the right:

26              (1)  To be informed.

27              (2)  To be present.

28              (3)  To be heard, when relevant, at all

29         crucial stages of criminal proceedings to the

30         extent that these rights do not interfere with

31         the constitutional rights of the accused.

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    Florida House of Representatives - 2002                HB 1209

    762-116-02






  1              (4)  To receive advance notification, when

  2         possible, of judicial proceedings and

  3         notification of scheduling changes, pursuant to

  4         section 960.001, Florida Statutes.

  5              (5)  To seek crimes compensation and

  6         restitution.

  7              (6)  To consult with the state attorney's

  8         office in certain felony cases regarding the

  9         disposition of the case.

10              (7)  To make an oral or written

11         victim-impact statement at the time of

12         sentencing of a defendant.

13

14         For further information regarding additional

15         rights afforded to victims of crime, you may

16         contact the state attorney's office or obtain a

17         listing of your rights from the Clerk of Court.

18

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

20  law.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Requires the court to advise crime victims of described
25    victim rights. See bill for details.

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