Senate Bill sb1974c2
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Florida Senate - 2002 CS for CS for SB 1974
By the Committees on Judiciary; Criminal Justice; and Senator
Crist
308-2220-02
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 for the display of
7 a poster containing information concerning the
8 rights of crime victims; requiring the
9 Department of Legal Affairs to provide such
10 posters to the courts; providing that such
11 advisement is only for the benefit of crime
12 victims; providing that failure to provide such
13 advisement shall not affect the validity of any
14 hearing, conviction, or sentence; providing
15 that the circuit court administrator will make
16 certain information available to the Clerk of
17 Court; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 960.0021, Florida Statutes, is
22 created to read:
23 960.0021 Legislative intent; advisement to victims.--
24 (1) The Legislature finds that in order to ensure that
25 crime victims can effectively understand and exercise their
26 rights under s. 16, Art. I of the State Constitution, and to
27 promote law enforcement that considers the interests of crime
28 victims, victims must be properly advised in the courts of
29 this state.
30 (2) The courts may fulfill their obligation to advise
31 crime victims by:
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Florida Senate - 2002 CS for CS for SB 1974
308-2220-02
1 (a) Making the following announcement at any
2 arraignment, sentencing, or case-management proceeding:
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4 "If you are the victim of a crime with a case
5 pending before this court, you are advised that
6 you have the right:
7 1. To be informed.
8 2. To be present.
9 3. To be heard, when relevant, at all
10 crucial stages of criminal proceedings to the
11 extent that these rights do not interfere with
12 the constitutional rights of the accused.
13 4. To receive advance notification, when
14 possible, of judicial proceedings and
15 notification of scheduling changes, pursuant to
16 section 960.001, Florida Statutes.
17 5. To seek crimes compensation and
18 restitution.
19 6. To consult with the state attorney's
20 office in certain felony cases regarding the
21 disposition of the case.
22 7. To make an oral or written
23 victim-impact statement at the time of
24 sentencing of a defendant.
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26 For further information regarding additional
27 rights afforded to victims of crime, you may
28 contact the state attorney's office or obtain a
29 listing of your rights from the Clerk of
30 Court."
31 ; or
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Florida Senate - 2002 CS for CS for SB 1974
308-2220-02
1 (b) Displaying prominently on the courtroom doors
2 posters giving notification of the existence and general
3 provisions of this chapter. The Department of Legal Affairs
4 shall provide the courts with the posters specified by this
5 paragraph.
6 (3) The circuit court administrator shall provide
7 victim's rights information, as provided in s. 960.001(1)(o),
8 to the Clerk of the Court.
9 (4) This section is only for the benefit of crime
10 victims. Accordingly, a failure to comply with this section
11 shall not affect the validity of any hearing, conviction, or
12 sentence.
13 Section 2. This act shall take effect July 1, 2002.
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15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 CS for Senate Bill 1974
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18 -- Amends the bill to give the courts the option of either
orally advising crime victims of their statutory and
19 constitutional rights or displaying posters on the
courtroom doors that inform crime victims of such
20 rights. The posters are to be provided by the Department
of Legal Affairs.
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