HB 0549CS

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 the offense of sexual battery on a
7minor; amending s. 95.11, F.S.; providing for the time
8period for commencing a civil action based upon an act
9that constitutes sexual battery upon a minor to be tolled
10under certain circumstances; conforming cross references;
11amending s. 775.15, F.S.; providing that the time period
12for commencing a prosecution for sexual battery upon a
13minor does not run during certain specified time periods;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraphs (f) and (g) of subsection (5) of
19section 95.11, Florida Statutes, are amended, subsection (8) is
20redesignated as subsection (9), and a new subsection (8) is
21added to said section, to read:
22     95.11  Limitations other than for the recovery of real
23property.--Actions other than for recovery of real property
24shall be commenced as follows:
25     (5)  WITHIN ONE YEAR.--
26     (f)  Except for actions described in subsection (9) (8), a
27petition for extraordinary writ, other than a petition
28challenging a criminal conviction, filed by or on behalf of a
29prisoner as defined in s. 57.085.
30     (g)  Except for actions described in subsection (9) (8), an
31action brought by or on behalf of a prisoner, as defined in s.
3257.085, relating to the conditions of the prisoner's
33confinement.
34     (8)  FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES SEXUAL
35BATTERY UPON A MINOR.--The time period for commencing an action
36based on an act upon a victim younger than 18 years of age which
37constitutes what is described as sexual battery in s. 794.011
38shall be tolled until the victim becomes 18 years of age or
39during any period of time in which it is determined by a medical
40practitioner licensed under chapter 458 or chapter 459, a
41psychotherapist licensed under chapter 491, or a psychologist
42licensed under chapter 490, that:
43     (a)  The victim should not yet disclose information
44concerning the incident from which the action arises outside a
45clinical setting;
46     (b)  The victim should not yet confront the alleged
47perpetrator of the act; or
48     (c)  The victim should not yet publicly disclose the
49incident from which the action arises.
50     Section 2.  Subsections (1) and (7) of section 775.15,
51Florida Statutes, are amended to read:
52     775.15  Time limitations.--
53     (1)(a)  A prosecution for a capital felony, a life felony,
54or a felony that resulted in a death may be commenced at any
55time. A prosecution for a felony that resulted in injury to any
56person, when such felony arises from the use of a "destructive
57device," as defined in s. 790.001, may be commenced within 10
58years. If the death penalty is held to be unconstitutional by
59the Florida Supreme Court or the United States Supreme Court,
60all crimes designated as capital felonies shall be considered
61life felonies for the purposes of this section, and prosecution
62for such crimes may be commenced at any time.
63     (b)  Except as otherwise expressly provided in subsection
64(7), a prosecution for a first or second degree felony violation
65of s. 794.011, if such crime is reported to a law enforcement
66agency within 72 hours after commission of the crime, may be
67commenced at any time. If such crime is not reported within 72
68hours after the commission of the crime, the prosecution must be
69commenced within the time periods prescribed in subsection (2).
70     (c)  A prosecution for perjury in an official proceeding
71that relates to the prosecution of a capital felony may be
72commenced at any time.
73     (7)(a)  If the victim of a violation of s. 794.011, former
74s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is
75under the age of 18, the applicable period of limitation, if
76any, does not begin to run until the victim has reached the age
77of 18 or the violation is reported to a law enforcement agency
78or other governmental agency, whichever occurs earlier. Such law
79enforcement agency or other governmental agency shall promptly
80report such allegation to the state attorney for the judicial
81circuit in which the alleged violation occurred. If the offense
82is a first or second degree felony violation of s. 794.011, and
83the crime is reported within 72 hours after its commission,
84paragraph (1)(b) applies. This paragraph applies to any such
85offense except an offense the prosecution of which would have
86been barred by subsection (2) on or before December 31, 1984.
87     (b)  Notwithstanding the provisions of paragraph (1)(b) and
88paragraph (a) of this subsection, if the offense is a first
89degree felony violation of s. 794.011 and the victim was under
9018 years of age at the time the offense was committed, a
91prosecution of the offense may be commenced at any time. This
92paragraph applies to any such offense except an offense the
93prosecution of which would have been barred by subsection (2) on
94or before October 1, 2003.
95     (c)  Notwithstanding paragraph (1)(b) and paragraphs (a)
96and (b) of this subsection, if the offense is a violation of s.
97794.011 and the victim was younger than 18 years of age at the
98time the offense was committed, the period of limitation does
99not run during the time the victim is younger than 18 years of
100age or during any period of time in which it is determined by a
101medical practitioner licensed under chapter 458 or chapter 459,
102a psychotherapist licensed under chapter 491, or a psychologist
103licensed under chapter 490, that:
104     1.  The victim should not yet disclose information
105concerning the alleged incident outside a clinical setting;
106     2.  The victim should not yet confront the alleged
107perpetrator of the act; or
108     3.  The victim should not yet publicly disclose the alleged
109incident.
110
111This paragraph applies to any such offense except an offense the
112prosecution of which would have been barred on or before July 1,
1132005.
114     Section 3.  This act shall take effect July 1, 2005.


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