Senate Bill sb1734c1

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    Florida Senate - 2003                           CS for SB 1734

    By the Committee on Judiciary; and Senators Webster, Fasano
    and Lynn




    308-2122-03

  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 the prosecution of a

  6         first-degree felony offense of sexual battery

  7         against a victim under the age of 18; providing

  8         an effective date.

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

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

13  Florida Statutes, are amended to read:

14         775.15  Time limitations.--

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

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

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

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

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

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

21  unconstitutional by the Florida Supreme Court or the United

22  States Supreme Court, all crimes designated as capital

23  felonies shall be considered life felonies for the purposes of

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

25  at any time.

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

27  prosecution for a first or second degree felony violation of

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

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

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

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

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    Florida Senate - 2003                           CS for SB 1734
    308-2122-03




 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 and the victim is under the age of 18 at the

23  time of the offense, a prosecution of the offense may be

24  commenced at any time. This paragraph applies to any such

25  offense except an offense the prosecution of which would have

26  been barred by subsection (2) on or before October 1, 2003.

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

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    Florida Senate - 2003                           CS for SB 1734
    308-2122-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1734

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 4  Clarifies that the removal of any statute of limitations
    period for prosecution of first degree felony offenses of
 5  sexual battery under s. 794.011, F.S., only applies to cases
    involving victims who were under age 18 at the time of the
 6  offenses.

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