Senate Bill sb1974c1
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Florida Senate - 2002 CS for SB 1974
By the Committee on Criminal Justice; and Senator Crist
307-1993-02
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 failure to provide such
9 advisement shall not affect the validity of any
10 hearing, conviction, or sentence; providing
11 that the circuit court administrator will make
12 certain information available to the Clerk of
13 Court; 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
20 victims.--The Legislature finds that in order to ensure that
21 crime victims can effectively understand and exercise their
22 rights under s. 16, Art. I of the State Constitution, and to
23 promote law enforcement that considers the interests of crime
24 victims, victims must be properly advised in the courts of
25 this state. 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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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1974
307-1993-02
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, pursuant to
13 section 960.001, Florida Statutes.
14 (5) To seek crimes compensation and
15 restitution.
16 (6) To consult with the state attorney's
17 office in certain felony cases regarding the
18 disposition of the case.
19 (7) To make an oral or written
20 victim-impact statement at the time of
21 sentencing of a defendant.
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23 For further information regarding additional
24 rights afforded to victims of crime, you may
25 contact the state attorney's office or obtain a
26 listing of your rights from the Clerk of Court.
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28 The circuit court administrator shall provide victim's rights
29 information, as provided in s. 960.001(1)(o), to the Clerk of
30 the Court.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1974
307-1993-02
1 This section is only for the benefit of crime victims.
2 Accordingly, a failure to comply with this section shall not
3 affect the validity of any hearing, conviction, or sentence.
4 Section 2. This act shall take effect July 1, 2002.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 1974
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9 1. Requires the circuit court administrator to provide the
clerk of the court with victim rights information.
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2. Provides a statement that failure of the court to advise
11 a victim of his or her rights does not affect the
validity of the sentence, conviction, or hearing.
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3. Changes the effective date to July 1, 2002 (was upon
13 becoming law).
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