HB 1413CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to justice for crime victims; creating s.
7943.0315, F.S.; providing legislative findings; creating
8the Victim's Voice Council within the Department of Law
9Enforcement; providing membership; requiring the council
10to review the needs of persons who are the victims of
11crime in this state; requiring the council to review and
12comment on specified issues; requiring the council to hold
13public hearings each year; requiring an annual report to
14the Governor and the Legislature; providing for
15reimbursement of council members' travel and per diem
16expenses; authorizing the council to employ an executive
17director and other staff; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 943.0315, Florida Statutes, is created
22to read:
23     943.0315  Victim's Voice Council.--The Legislature finds
24that there is a need to develop and implement a statewide
25strategy to address the needs of persons who are the victims of
26crime in this state. The Legislature also finds that there is a
27need to understand the severity of the losses incurred by
28victims and their families and to evaluate the services
29available to respond to the needs of the victims. In recognition
30of this need, the Victim's Voice Council is created within the
31Department of Law Enforcement. The council shall serve in an
32advisory capacity to the department.
33     (1)(a)  The council shall be composed of 14 members. The
34executive director of the Department of Law Enforcement, the
35Secretary of Juvenile Justice, and the Secretary of Corrections,
36or their designees, shall personally serve as members of the
37council. Additional members of the council shall be appointed by
38the Governor and may include the Governor's Victim's Rights
39Advocate; the director of the Crime Victims' Services Office
40within the Department of Legal Affairs; a state attorney; a
41sheriff; a police chief; a circuit judge; a representative of
42the Florida Network of Victim/Witness Services, Inc.; and a
43representative of the Justice Coalition. The Governor shall
44appoint at least three members who have been the victim of a
45crime, one of whom must be related either to a victim of murder
46or to the surviving spouse of a victim of murder.
47     (b)  The appointments must be made by September 1, 2005,
48and the council shall hold its first meeting within 60 days
49after the appointment of its members. Any vacancy that occurs on
50the council must be filled in the same manner as the original
51appointment.
52     (2)  Members of the council are entitled to one vote each,
53and an action of the council is not binding unless a majority of
54the total number of votes cast are in favor of the action. The
55council may not act unless a majority of its members are present
56at a meeting. The council shall elect a chairperson from among
57its members.
58     (3)  The council shall review the nature and severity of
59the losses and other associated difficulties suffered by crime
60victims and families of victims of murder and shall review the
61state's services provided to victims as well as other responses
62to the needs of victims. In addition, the council should
63consider other factors adversely affecting victims, including
64delays in capital cases and recommendations for judicial reforms
65to reduce the delays. Included in the council's review must be
66an evaluation of:
67     (a)  The services available to victims as described in s.
68960.001(1)(a).
69     (b)  The imposition, collection, and distribution of the
70surcharge described in s. 938.08 and the fee required in s.
71938.03 to be paid to the Crimes Compensation Trust Fund.
72     (c)  The imposition, collection, and distribution of victim
73restitution.
74     (d)  The necessary state constitutional reforms that would
75facilitate the resolution of capital cases within 5 years after
76the imposition of sentence.
77     (4)  The council shall hold at least four public hearings
78annually throughout the state to solicit input from the public
79regarding justice for victims, victims' concerns, restitution
80for victims, judicial reforms that would reduce the suffering of
81crime victims and their families and improve the treatment of
82victims and their families in state courts, and other relevant
83issues. The council shall devote at least one public hearing to
84the issues facing families of victims of murder, delays in
85capital cases, and proposals to reduce these delays in this
86state. The council must review laws in other states in which the
87delays have been reduced.
88     (5)  The council must submit an annual report to the
89Governor, the President of the Senate, and the Speaker of the
90House of Representatives at least 60 days before each
91legislative session. Each report shall contain specific
92recommendations for enhancing justice for victims of crime,
93including the families of murder victims in capital cases. The
94recommendations of the council must include proposed legislation
95and constitutional reforms that will improve justice for victims
96of crime and family members related to victims of murder.
97     (6)  Council members may not receive remuneration for their
98services, but members are entitled to reimbursement for travel
99and per diem expenses in accordance with s. 112.061.
100     (7)  The council, with approval from the Executive Office
101of the Governor, may employ or contract with an executive
102director who possesses at least 2 years' previous experience in
103criminal law and legislative affairs and has worked directly
104with victims of crime and with families of victims of murder.
105The executive director may employ or contract with two
106additional staff members or consultants who have relevant
107experience in the field of crime victims' rights or data
108analysis and one administrative assistant. The Department of Law
109Enforcement shall provide administrative support to the council
110and its staff.
111     Section 2.  This act shall take effect July 1, 2005.


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