Senate Bill sb1734

    Florida Senate - 2003                                  SB 1734

    By Senator Webster





    9-814A-03                                           See HB 747

  1                      A bill to be entitled

  2         An act relating to time limitations for

  3         prosecution of sexual battery; amending s.

  4         775.15, F.S.; revising provisions with respect

  5         to time limitations for a prosecution of the

  6         crime of sexual battery; providing an effective

  7         date.

  8  

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

10  

11         Section 1.  Subsections (1) and (7) of section 775.15,

12  Florida Statutes, are amended to read:

13         775.15  Time limitations.--

14         (1)(a)  A prosecution for a capital felony, a life

15  felony, or a felony that resulted in a death may be commenced

16  at any time. A prosecution for a felony that resulted in

17  injury to any person, when such felony arises from the use of

18  a "destructive device," as defined in s. 790.001, may be

19  commenced within 10 years. If the death penalty is held to be

20  unconstitutional by the Florida Supreme Court or the United

21  States Supreme Court, all crimes designated as capital

22  felonies shall be considered life felonies for the purposes of

23  this section, and prosecution for such crimes may be commenced

24  at any time.

25         (b)  Except as otherwise provided in subsection (7), a

26  prosecution for a first or second degree felony violation of

27  s. 794.011, if such crime is reported to a law enforcement

28  agency within 72 hours after commission of the crime, may be

29  commenced at any time. If such crime is not reported within 72

30  hours after the commission of the crime, the prosecution must

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






    Florida Senate - 2003                                  SB 1734
    9-814A-03                                           See HB 747




 1  be commenced within the time periods prescribed in subsection

 2  (2).

 3         (c)  A prosecution for perjury in an official

 4  proceeding that relates to the prosecution of a capital felony

 5  may be commenced at any time.

 6         (7)(a)  If the victim of a violation of s. 794.011,

 7  former s. 794.05, Florida Statutes 1995, s. 800.04, or s.

 8  826.04 is under the age of 18, the applicable period of

 9  limitation, if any, does not begin to run until the victim has

10  reached the age of 18 or the violation is reported to a law

11  enforcement agency or other governmental agency, whichever

12  occurs earlier. Such law enforcement agency or other

13  governmental agency shall promptly report such allegation to

14  the state attorney for the judicial circuit in which the

15  alleged violation occurred. If the offense is a first or

16  second degree felony violation of s. 794.011, and the crime is

17  reported within 72 hours after its commission, paragraph

18  (1)(b) applies. This paragraph subsection applies to any such

19  offense except an offense the prosecution of which would have

20  been barred by subsection (2) on or before December 31, 1984.

21         (b)  If the offense is a first-degree felony violation

22  of s. 794.011, a prosecution of the offense may be commenced

23  at any time. This paragraph applies to any such offense except

24  an offense the prosecution of which would have been barred by

25  subsection (2) on or before October 1, 2003.

26         Section 2.  This act shall take effect October 1, 2003.

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