Senate Bill sb0188

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 188

    By Senator Campbell





    32-219-05

  1                      A bill to be entitled

  2         An act relating to the offense of sexual

  3         battery on a minor; amending s. 95.11, F.S.;

  4         providing for the time period for commencing a

  5         civil action based upon an act that constitutes

  6         sexual battery upon a minor to be tolled under

  7         certain circumstances; amending s. 775.15,

  8         F.S.; providing that the time period for

  9         commencing a prosecution for sexual battery

10         upon a minor does not run during certain

11         specified time periods; providing an effective

12         date.

13  

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

15  

16         Section 1.  Present subsection (8) of section 95.11,

17  Florida Statutes, is redesignated as subsection (9), and a new

18  subsection (8) is added to that section, to read:

19         95.11  Limitations other than for the recovery of real

20  property.--Actions other than for recovery of real property

21  shall be commenced as follows:

22         (8)  FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES

23  SEXUAL BATTERY UPON A MINOR.--The time period for commencing

24  an action based on an act upon a victim younger than 18 years

25  of age which constitutes what is described as sexual battery

26  in s. 794.011 shall be tolled until the victim becomes 18

27  years of age or during any period of time in which it is

28  determined by a medical practitioner licensed under chapter

29  458 or chapter 459, or a mental health professional otherwise

30  licensed in this state for the treatment of mental, emotional,

31  or behavioral disorders, that:

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    Florida Senate - 2005                                   SB 188
    32-219-05




 1         (a)  It is medically inadvisable or the victim is

 2  unable to disclose information concerning the incident from

 3  which the action arises outside a clinical setting;

 4         (b)  It is medically inadvisable for the victim to

 5  confront the alleged perpetrator of the act; or

 6         (c)  It is medically inadvisable for the victim to

 7  publicly disclose the incident from which the action arises.

 8         Section 2.  Subsections (1) and (7) of section 775.15,

 9  Florida Statutes, are amended to read:

10         775.15  Time limitations.--

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

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

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

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

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

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

17  unconstitutional by the Florida Supreme Court or the United

18  States Supreme Court, all crimes designated as capital

19  felonies shall be considered life felonies for the purposes of

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

21  at any time.

22         (b)  Except as otherwise expressly provided in

23  subsection (7), a prosecution for a first or second degree

24  felony violation of s. 794.011, if such crime is reported to a

25  law enforcement agency within 72 hours after commission of the

26  crime, may be commenced at any time. If such crime is not

27  reported within 72 hours after the commission of the crime,

28  the prosecution must be commenced within the time periods

29  prescribed in subsection (2).

30  

31  

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    Florida Senate - 2005                                   SB 188
    32-219-05




 1         (c)  A prosecution for perjury in an official

 2  proceeding that relates to the prosecution of a capital felony

 3  may be commenced at any time.

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

 5  former s. 794.05, Florida Statutes 1995, s. 800.04, or s.

 6  826.04 is under the age of 18, the applicable period of

 7  limitation, if any, does not begin to run until the victim has

 8  reached the age of 18 or the violation is reported to a law

 9  enforcement agency or other governmental agency, whichever

10  occurs earlier. Such law enforcement agency or other

11  governmental agency shall promptly report such allegation to

12  the state attorney for the judicial circuit in which the

13  alleged violation occurred. If the offense is a first or

14  second degree felony violation of s. 794.011, and the crime is

15  reported within 72 hours after its commission, paragraph

16  (1)(b) applies. This paragraph applies to any such offense

17  except an offense the prosecution of which would have been

18  barred by subsection (2) on or before December 31, 1984.

19         (b)  Notwithstanding the provisions of paragraph (1)(b)

20  and paragraph (a) of this subsection, if the offense is a

21  first degree felony violation of s. 794.011 and the victim was

22  under 18 years of age at the time the offense was committed, a

23  prosecution of the offense may be commenced at any time. This

24  paragraph applies to any such offense except an offense the

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

26  on or before October 1, 2003.

27         (c)  Notwithstanding paragraph (1)(b) and paragraphs

28  (a) and (b) of this subsection, if the offense is a violation

29  of s. 794.011 and the victim was younger than 18 years of age

30  at the time the offense was committed, the period of

31  limitation does not run during the time the victim is younger

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    Florida Senate - 2005                                   SB 188
    32-219-05




 1  than 18 years of age or during any period of time in which it

 2  is determined by a medical practitioner licensed under chapter

 3  458 or chapter 459, or a mental health professional otherwise

 4  licensed in this state for the treatment of mental, emotional,

 5  or behavioral disorders, that:

 6         1.  It is medically inadvisable or the victim is unable

 7  to disclose information concerning the alleged incident

 8  outside a clinical setting;

 9         2.  It is medically inadvisable for the victim to

10  confront the alleged perpetrator; or

11         3.  It is medically inadvisable for the victim to

12  publicly disclose the alleged incident.

13  

14  This paragraph applies to any such offense except an offense

15  the prosecution of which would have been barred on or before

16  July 1, 2005.

17         Section 3.  This act shall take effect July 1, 2005.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Provides for tolling the time for commencing a civil
      action based upon an act of sexual battery upon a minor,
22    or prosecuting the offense of sexual battery upon a
      minor, until the victim becomes 18 years of age or during
23    any period in which it is medically inadvisable for the
      victim to disclose information concerning the incident,
24    confront the perpetrator, or publicly disclose the
      incident. (See bill for details.)
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