Senate Bill sb2554

    Florida Senate - 2003                                  SB 2554

    By Senator Campbell





    32-1465A-03

  1                      A bill to be entitled

  2         An act relating to the offense of sexual

  3         battery on a minor; amending s. 775.15, F.S.;

  4         revising the statute of limitations applicable

  5         to such offense if the offense is a

  6         third-degree felony; providing for the statute

  7         of limitations for the offense of sexual

  8         battery on a minor to be tolled during the

  9         period of a victim's minority; specifying

10         additional circumstances under which the

11         statute of limitations for a civil or criminal

12         action involving such offense is tolled;

13         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.  Subsection (7) of section 775.15, Florida

18  Statutes, is amended to read:

19         775.15  Time limitations.--

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

21  s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is

22  under the age of 18, the applicable period of limitation, if

23  any, does not begin to run until the victim has reached the

24  age of 18 or the violation is reported to a law enforcement

25  agency or other governmental agency, whichever occurs earlier.

26  Such law enforcement agency or other governmental agency shall

27  promptly report such allegation to the state attorney for the

28  judicial circuit in which the alleged violation occurred. If

29  the offense is a first, or second, or third degree felony

30  violation of s. 794.011, and the crime is reported within 72

31  hours after its commission, paragraph (1)(b) applies. This

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    Florida Senate - 2003                                  SB 2554
    32-1465A-03




 1  subsection applies to any such offense except an offense the

 2  prosecution of which would have been barred by subsection (2)

 3  on or before December 31, 1984.

 4         Section 2.  Statute of limitations tolled in cases of

 5  sexual battery on a minor.--The applicable statute of

 6  limitations for any civil or criminal action involving the

 7  offense of sexual battery on a minor shall be tolled during

 8  the period of the victim's minority and during any period in

 9  which it is therapeutically determined that:

10         (1)  The victim is unable to disclose information

11  concerning the incident at issue outside of a clinical

12  setting;

13         (2)  It is inadvisable for the victim to confront the

14  perpetrator; or

15         (3)  It is medically inadvisable for the victim to

16  disclose publicly the incident at issue.

17         Section 3.  This act shall take effect July 1, 2003.

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20                          SENATE SUMMARY

21    Revises the statute of limitations for a third-degree
      felony offense of sexual battery on a minor. Provides for
22    the statute of limitations to be tolled during the period
      of a victim's minority and under certain additional
23    circumstances.

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