House Bill hb1209c1

    Florida House of Representatives - 2002             CS/HB 1209

        By the Council for Smarter Government and Representatives
    Gardiner, Needelman, Kravitz and Heyman





  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 that such

  7         advisement is only for the benefit of crime

  8         victims; providing that the circuit court

  9         administrator shall work in coordination with

10         the clerk of court; providing that failure to

11         provide such advisement shall not affect the

12         validity of any hearing, conviction, or

13         sentence; 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.  Section 960.0021, Florida Statutes, is

18  created to read:

19         960.0021  Legislative intent; advisement to victims.--

20         (1)  The Legislature finds that in order to ensure that

21  crime victims can effectively understand and exercise their

22  rights, and in order to promote law enforcement that considers

23  the interests of crime victims, victims must be properly

24  advised in the courts of this state.

25         (2)  Any judge who presides over a criminal docket at

26  which accused persons are arraigned or sentenced, or when

27  cases are considered for case management, shall announce the

28  following advisement:

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    Florida House of Representatives - 2002             CS/HB 1209

    405-185-02






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

  2         pending before this court, you are advised that

  3         you have the right:

  4              (1)  To be informed.

  5              (2)  To be present.

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

  7         crucial stages of criminal proceedings to the

  8         extent that these rights do not interfere with

  9         the constitutional rights of the accused.

10              (4)  To receive advance notification, when

11         possible, of judicial proceedings and

12         notification of scheduling changes.

13              (5)  To seek crimes compensation and

14         restitution.

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

16         office in certain felony cases regarding the

17         disposition of the case.

18              (7)  To make an oral or written

19         victim-impact statement at the time of

20         sentencing of a defendant.

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22         For further information regarding additional

23         rights afforded to victims of crime, you may

24         contact the state attorney's office or obtain a

25         listing of your rights from the Clerk of Court.

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27         (3)  The circuit court administrator shall coordinate

28  efforts to ensure that victim rights information, as

29  established in s. 960.001(1)(o), is provided to the clerk of

30  the court.

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    Florida House of Representatives - 2002             CS/HB 1209

    405-185-02






  1         (4)  This section is only for the benefit of crime

  2  victims.  Accordingly, a failure to comply with this section

  3  shall not affect the validity of any hearing, conviction, or

  4  sentence.

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

  6  law.

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