HB 0867

1	A bill to be entitled
2	An act relating to child sexual abuse reporting and
3	evidence collection; providing definitions; requiring
4	health care practitioners, personnel of abortion clinics
5	or abortion referral or counseling agencies, and other
6	specified persons to report the pregnancy of a child under
7	16 years of age to certain law enforcement agencies under
8	certain circumstances; requiring a health care
9	practitioner who performs an abortion on a child under 16
10	years of age to collect and preserve specified samples of
11	deoxyribonucleic acid (DNA) from such child and the fetus;
12	providing for the forwarding of such samples to the
13	Department of Law Enforcement; providing for testing to
14	identify or confirm the identity of the person responsible
15	for impregnating the child; providing for the use of such
16	evidence in certain criminal and civil proceedings;
17	providing criminal penalties; providing for a mandatory
18	minimum term of incarceration for subsequent violations;
19	authorizing the Department of Health to revoke, suspend,
20	or deny renewal of the license of a health care
21	practitioner or abortion clinic for a specified time in
22	certain circumstances; providing applicability; providing
23	for the abrogation of the privileged quality of
24	communications in certain circumstances; authorizing the
25	Department of Law Enforcement to adopt rules; providing an
26	effective date.
27
28	WHEREAS, the Legislature finds that sexual offenders are
29	extremely likely to use physical violence and to repeat their
30	offenses, and that most sexual offenders commit many offenses,
31	have many more victims than are ever reported, and are
32	prosecuted for only a fraction of their crimes, and
33	WHEREAS, the Legislature finds that sexual offenders who
34	prey on children present an extreme threat to the public
35	safety, and
36	WHEREAS, the Legislature finds that the state has a
37	compelling interest in protecting children from becoming
38	victims of sexual abuse, and
39	WHEREAS, the Legislature finds that the state has a
40	compelling interest in preserving evidence that facilitates the
41	successful prosecution of persons who sexually abuse children,
42	and
43	WHEREAS, the Legislature finds that children under 16
44	years of age who experience sexual abuse are particularly
45	vulnerable, and
46	WHEREAS, it is unlawful for any person to impregnate or
47	otherwise engage in sexual activity with a child under 16 years
48	of age, and
49	WHEREAS, the Legislature finds that a child who is
50	pregnant and also under 16 years of age embodies evidence that
51	a crime has been committed, and
52	WHEREAS, the Legislature finds that successful criminal
53	prosecution of sexual offenders who prey upon and impregnate
54	children under 16 years of age is in the best interests of such
55	children and also furthers a compelling state interest in
56	preserving the public safety by increasing the likelihood that
57	such sexual offenders will be imprisoned and therefore unable
58	to continue to sexually abuse any child, and
59	WHEREAS, the Legislature finds that the successful
60	criminal prosecution of sexual offenders who prey on children
61	may depend heavily on the preservation of physical evidence,
62	including DNA evidence, in order to identify or confirm the
63	identity of a person responsible for impregnating a child under
64	16 years of age, and
65	WHEREAS, the Legislature finds that where an impregnated
66	child under 16 years of age seeks an abortion without
67	voluntarily notifying her parent or guardian of the pregnancy
68	or her intent to obtain an abortion, the state may be precluded
69	from effectively preserving by less intrusive means physical
70	evidence of a sexual offense committed against the child, NOW,
71	THEREFORE,
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  Mandatory reporting of child sexual abuse;
76	collection of evidence.--
77	(1)  As used in this section, the term:
78	(a)  "Abortion clinic" has the same meaning as in s.
79	390.011, Florida Statutes.
80	(b)  "Abortion referral or counseling agency" has the same
81	meaning as in s. 390.025, Florida Statutes.
82	(c)  "Health care practitioner" has the same meaning as in
83	s. 456.001, Florida Statutes.
84	(2)  Any health care practitioner, or any person acting
85	under the supervision or direction of a health care
86	practitioner, who knows or reasonably should know that a child
87	under 16 years of age is pregnant shall report the pregnancy of
88	such child to the appropriate sheriff or municipal law
89	enforcement agency within 24 hours after the time the person
90	attained or reasonably should have attained such knowledge.
91	(3)  Any employee, volunteer, or other person acting on
92	behalf of an abortion clinic or an abortion referral or
93	counseling agency who knows or reasonably should know that a
94	child under 16 years of age is pregnant shall report the
95	pregnancy of such child to the appropriate sheriff or municipal
96	law enforcement agency within 24 hours after the time the person
97	attained or reasonably should have attained such knowledge.
98	(4)  Any health care practitioner who performs an abortion
99	on a child under 16 years of age shall collect, in accordance
100	with rules of the Department of Law Enforcement, a sample of
101	deoxyribonucleic acid (DNA) suitable for testing from the child
102	and the fetus. In the case of the child, a sample is suitable
103	for testing if it consists of properly preserved blood or oral
104	swabbings containing DNA. In the case of the fetus, a sample is
105	suitable for testing if is consists of properly preserved blood
106	or fetal tissue containing DNA. Samples collected pursuant to
107	this section shall be immediately forwarded to the Department of
108	Law Enforcement for testing in an effort to identify or confirm
109	the identity of the person responsible for impregnating the
110	child.
111	(5)  All evidence derived pursuant to the provisions of
112	this section may be used in any prosecution under ss. 800.04,
113	794.011, and 827.04, Florida Statutes, or in any other criminal
114	or civil proceeding arising in connection with the pregnancy,
115	including any failure to make a report or collect evidence as
116	required by this section.
117	(6)  Any person who violates the provisions of this section
118	commits a misdemeanor of the first degree, punishable as
119	provided in s. 775.082 or s. 775.083, Florida Statutes. Any
120	person previously convicted of a violation of this section shall
121	be sentenced to not less than 6 months incarceration for any
122	subsequent violation.
123	(7)  Notwithstanding the provisions of subsection (6), the
124	Department of Health may revoke or suspend the license of any
125	health care practitioner or abortion clinic for a period not to
126	exceed 2 years, or the department may refuse to renew such
127	license, if it is determined in accordance with the provisions
128	of chapter 120, Florida Statutes, that any provision of this
129	section has been violated by a health care practitioner or, in
130	the case of an abortion clinic, any health care practitioner,
131	employee, or volunteer of such abortion clinic.
132	Section 2.  Abrogation of privilege.--The privileged
133	quality of communication between any professional person and his
134	or her child patient or client under 16 years of age is
135	abrogated to facilitate compliance with the requirements of this
136	act.
137	Section 3.  Rulemaking.--In accordance with chapter 120,
138	Florida Statutes, the Department of Law Enforcement is
139	authorized to adopt rules for the administration and
140	implementation of this act.
141	Section 4.  This act shall take effect upon becoming a law,
142	and shall apply to offenses committed on or after the effective
143	date.

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