Senate Bill sb1870

    Florida Senate - 2003                                  SB 1870

    By Senator Diaz de la Portilla





    36-1451-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to criminal liability for

  3         failure to report a crime; creating s. 877.31,

  4         F.S.; creating the "Nicholas Isaac Cordero

  5         Act"; requiring a person who knows that a crime

  6         is being committed to report the crime to a law

  7         enforcement officer, under specified

  8         circumstances, if the crime exposes the victim

  9         to serious bodily injury likely to cause death;

10         providing penalties; providing exceptions;

11         providing an effective date.

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

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15         Section 1.  Section 877.31, Florida Statutes, is

16  created to read:

17         877.31  Legal duty to report a crime exposing the

18  victim to serious bodily injury likely to cause death;

19  penalties for failure to report; exceptions.--

20         (1)  This section may be referred to by the popular

21  name the "Nicholas Isaac Cordero Act."

22         (2)  A person who knows that a crime is being committed

23  which exposes the victim to serious bodily injury likely to

24  cause death must report the crime to a law enforcement officer

25  within 48 hours after the offense is committed to the extent

26  that the report can be made without danger to the person

27  reporting or to another person. Any person who violates this

28  subsection commits a misdemeanor of the second degree,

29  punishable as provided in s. 775.082 or s. 775.083.

30         (3)  This section does not apply to a person who is:

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    Florida Senate - 2003                                  SB 1870
    36-1451-03                                              See HB




 1         (a)  Prosecuted as a principal in the first degree or

 2  as an accessory after the fact to an offense;

 3         (b)  Prosecuted for attempting, soliciting, or

 4  conspiring to commit an offense, when the prosecuted offense

 5  occurred in the course of the same criminal conduct,

 6  transaction, or episode as the criminal offense that exposed

 7  the victim to serious bodily injury;

 8         (c)  Related by blood or marriage to the principal or

 9  victim of an episode that exposes the victim to serious bodily

10  injury; or

11         (d)  A victim of serious bodily injury.

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

13  law.

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