Senate Bill sb0998

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    Florida Senate - 2005                                   SB 998

    By Senator Posey





    24-254A-05

  1                      A bill to be entitled

  2         An act relating to victim's rights; amending s.

  3         960.001, F.S.; requiring that a victim, if

  4         known, who is not incarcerated be informed by

  5         the state attorney that the victim or the

  6         victim's representative has the right to

  7         consult with the state attorney, including the

  8         right to meet with the state attorney, before

  9         the state attorney decides whether to prosecute

10         a person for a criminal offense or a minor for

11         a delinquent act or to offer the person or

12         minor a pretrial intervention or diversion

13         program; reenacting s. 945.10(1)(b), F.S.,

14         relating to confidential information, to

15         incorporate the amendment made to s. 960.001,

16         F.S., in a reference thereto; providing an

17         effective date.

18  

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

20  

21         Section 1.  Paragraphs (a) and (g) of subsection (1) of

22  section 960.001, Florida Statutes, are amended to read:

23         960.001  Guidelines for fair treatment of victims and

24  witnesses in the criminal justice and juvenile justice

25  systems.--

26         (1)  The Department of Legal Affairs, the state

27  attorneys, the Department of Corrections, the Department of

28  Juvenile Justice, the Parole Commission, the State Courts

29  Administrator and circuit court administrators, the Department

30  of Law Enforcement, and every sheriff's department, police

31  department, or other law enforcement agency as defined in s.

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    Florida Senate - 2005                                   SB 998
    24-254A-05




 1  943.10(4) shall develop and implement guidelines for the use

 2  of their respective agencies, which guidelines are consistent

 3  with the purposes of this act and s. 16(b), Art. I of the

 4  State Constitution and are designed to implement the

 5  provisions of s. 16(b), Art. I of the State Constitution and

 6  to achieve the following objectives:

 7         (a)  Information concerning services available to

 8  victims of adult and juvenile crime.--As provided in s.

 9  27.0065, state attorneys and public defenders shall gather

10  information regarding the following services in the geographic

11  boundaries of their respective circuits and shall provide such

12  information to each law enforcement agency with jurisdiction

13  within such geographic boundaries. Law enforcement personnel

14  shall ensure, through distribution of a victim's rights

15  information card or brochure at the crime scene, during the

16  criminal investigation, and in any other appropriate manner,

17  that victims are given, as a matter of course at the earliest

18  possible time, information about:

19         1.  The availability of crime victim compensation, when

20  applicable;

21         2.  Crisis intervention services, supportive or

22  bereavement counseling, social service support referrals, and

23  community-based victim treatment programs;

24         3.  The role of the victim in the criminal or juvenile

25  justice process, including what the victim may expect from the

26  system as well as what the system expects from the victim;

27         4.  The stages in the criminal or juvenile justice

28  process which are of significance to the victim and the manner

29  in which information about such stages can be obtained;

30         5.  The right of a victim, if known, who is not

31  incarcerated, including the victim's parent or guardian if the

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    Florida Senate - 2005                                   SB 998
    24-254A-05




 1  victim is a minor, the lawful representative of the victim or

 2  of the victim's parent or guardian if the victim is a minor,

 3  and the next of kin of a homicide victim, to be informed by

 4  the state attorney that the victim or the victim's

 5  representative has the right to consult with the state

 6  attorney, including the right to meet, upon request, with the

 7  state attorney before the state attorney decides whether to

 8  prosecute a person for a criminal offense, adjudicate a minor

 9  for a delinquent act, or offer the person or minor admission

10  to a pretrial intervention or diversion program;

11         6.5.  The right of a victim, who is not incarcerated,

12  including the victim's parent or guardian if the victim is a

13  minor, the lawful representative of the victim or of the

14  victim's parent or guardian if the victim is a minor, and the

15  next of kin of a homicide victim, to be informed, to be

16  present, and to be heard when relevant, at all crucial stages

17  of a criminal or juvenile proceeding, to the extent that this

18  right does not interfere with constitutional rights of the

19  accused, as provided by s. 16(b), Art. I of the State

20  Constitution;

21         7.6.  In the case of incarcerated victims, the right to

22  be informed and to submit written statements at all crucial

23  stages of the criminal proceedings, parole proceedings, or

24  juvenile proceedings; and

25         8.7.  The right of a victim to a prompt and timely

26  disposition of the case in order to minimize the period during

27  which the victim must endure the responsibilities and stress

28  involved to the extent that this right does not interfere with

29  the constitutional rights of the accused.

30         (g)  Consultation with victim or guardian or family of

31  victim.--

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    Florida Senate - 2005                                   SB 998
    24-254A-05




 1         1.  In addition to being notified of the provisions of

 2  s. 921.143, the victim of a felony involving physical or

 3  emotional injury or trauma or, in a case in which the victim

 4  is a minor child or in a homicide, the guardian or family of

 5  the victim shall be consulted by the state attorney in order

 6  to obtain the views of the victim or family about the

 7  disposition of any criminal or juvenile case brought as a

 8  result of such crime, including the views of the victim or

 9  family about:

10         a.  The release of the accused pending judicial

11  proceedings;

12         b.  The state attorney's decision not to prosecute;

13         c.b.  Plea agreements;

14         d.c.  Participation in pretrial diversion programs; and

15         e.d.  Sentencing of the accused.

16         2.  Upon request, the state attorney shall permit the

17  victim, the victim's parent or guardian if the victim is a

18  minor, the lawful representative of the victim or of the

19  victim's parent or guardian if the victim is a minor, or the

20  victim's next of kin in the case of a homicide to review a

21  copy of the presentence investigation report prior to the

22  sentencing hearing if one was completed. Any confidential

23  information that pertains to medical history, mental health,

24  or substance abuse and any information that pertains to any

25  other victim shall be redacted from the copy of the report.

26  Any person who reviews the report pursuant to this paragraph

27  must maintain the confidentiality of the report and shall not

28  disclose its contents to any person except statements made to

29  the state attorney or the court.

30         3.  When an inmate has been approved for community work

31  release, the Department of Corrections shall, upon request and

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    Florida Senate - 2005                                   SB 998
    24-254A-05




 1  as provided in s. 944.605, notify the victim, the victim's

 2  parent or guardian if the victim is a minor, the lawful

 3  representative of the victim or of the victim's parent or

 4  guardian if the victim is a minor, or the victim's next of kin

 5  if the victim is a homicide victim.

 6         Section 2.  For the purpose of incorporating the

 7  amendment made to section 960.001, Florida Statutes, in a

 8  reference thereto, paragraph (b) of subsection (1) of section

 9  945.10, Florida Statutes, is reenacted to read:

10         945.10  Confidential information.--

11         (1)  Except as otherwise provided by law or in this

12  section, the following records and information held by the

13  Department of Corrections are confidential and exempt from the

14  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

15  Constitution:

16         (b)  Preplea, pretrial intervention, and presentence or

17  postsentence investigative records, except as provided in s.

18  960.001(1)(g).

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

20  

21            *****************************************

22                          SENATE SUMMARY

23    Requires that a victim who is known and is not
      incarcerated be informed by the state attorney that the
24    victim or the victim's representative has the right to
      consult with the state attorney, including, upon request,
25    the right to meet with the state attorney before the
      state attorney decides whether to prosecute a person for
26    a criminal offense or a minor for a delinquent act or to
      offer the person or minor admission to a pretrial
27    intervention or diversion program.

28  

29  

30  

31  

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