HB 1425

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 DNA samples
11	from the child and the fetus and forward the samples to
12	the Department of Law Enforcement; providing for testing
13	to identify or confirm the identity of the person
14	responsible for impregnating the child; providing for the
15	use of such evidence in certain criminal and civil
16	proceedings; authorizing the Department of Health to
17	revoke, suspend, or deny renewal of the license of a
18	health care practitioner or abortion clinic for a
19	specified time in certain circumstances; providing
20	applicability; authorizing rulemaking; providing for the
21	abrogation of the privileged quality of communications in
22	certain circumstances; providing an effective date.
23
24	WHEREAS, the Legislature finds that there is a compelling
25	state interest in prosecuting violations of ss. 794.011, 800.04,
26	and 827.04, Florida Statutes, involving victims under 16 years
27	of age, and in preventing such conduct and its consequences, and
28	WHEREAS, the Florida Supreme Court has previously noted
29	"...that the legislature had enacted numerous statutes to
30	protect minors from harmful sexual conduct, and that those laws
31	clearly invoke a policy that 'any type of sexual conduct
32	involving a child constitutes an intrusion upon the rights of
33	that child, whether or not the child consents ... [therefore]
34	society has a compelling interest in intervening to stop such
35	misconduct.'" J.A.S. v. State, 705 So.2d 1381 (Fla. 1998), and
36	WHEREAS, the Legislature agrees with the conclusion of the
37	Florida Supreme Court in J.A.S. v. State, supra, that "whatever
38	the extent of a minor's privacy rights, those rights 'do not
39	vitiate the legislature's efforts and authority to protect
40	[minors] from conduct of others.' (citation omitted).", and
41	WHEREAS, the Legislature finds that a child who is pregnant
42	and also under 16 years of age embodies evidence that a crime
43	has been committed, and
44	WHEREAS, the Legislature finds that successful criminal
45	prosecution of sexual offenders who prey upon and impregnate
46	children under 16 years of age is in the best interests of such
47	children and also furthers a compelling state interest in
48	preserving the public safety by increasing the likelihood that
49	such sexual offenders will be imprisoned and therefore unable to
50	continue to sexually abuse children, and
51	WHEREAS, the Legislature finds that the successful criminal
52	prosecution of sexual offenders who prey on children may depend
53	heavily on the preservation of physical evidence, including DNA
54	evidence, in order to identify or confirm the identity of a
55	person responsible for impregnating a child under 16 years of
56	age, and
57	WHEREAS, the Legislature finds that where an impregnated
58	child under 16 years of age seeks an abortion without
59	voluntarily notifying her parent or guardian of the pregnancy or
60	her intent to obtain an abortion, the state may be precluded
61	from effectively preserving physical evidence of a sexual
62	offense committed against the child by less intrusive means,
63	NOW, THEREFORE,
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  Mandatory reporting of child sexual abuse;
68	collection of evidence.--
69	(1)  As used in this section, the term:
70	(a)  "Abortion clinic" has the same meaning as in s.
71	390.011, Florida Statutes.
72	(b)  "Abortion referral or counseling agency" has the same
73	meaning as in s. 390.025, Florida Statutes.
74	(c)  "Health care practitioner" has the same meaning as in
75	s. 456.001, Florida Statutes.
76	(2)  Any health care practitioner, or any person acting
77	under the supervision or direction of a health care
78	practitioner, who knows or reasonably should know that a child
79	under 16 years of age is pregnant shall report the pregnancy of
80	the child to the appropriate sheriff or municipal law
81	enforcement agency within 24 hours after the time the person
82	ascertained or reasonably should have ascertained such
83	knowledge.
84	(3)  Any employee, volunteer, or other person acting on
85	behalf of an abortion clinic or an abortion referral or
86	counseling agency who knows or reasonably should know that a
87	child under 16 years of age is pregnant shall report the
88	pregnancy of such child to the appropriate sheriff or municipal
89	law enforcement agency within 24 hours after the time the person
90	ascertained or reasonably should have ascertained such
91	knowledge.
92	(4)  Any health care practitioner who performs an abortion
93	on a child under 16 years of age shall collect, in accordance
94	with rules of the Department of Law Enforcement, a sample of DNA
95	suitable for testing from the child and the fetus. In the case
96	of the child, a sample is suitable for testing if it consists of
97	properly preserved blood or oral swabbings containing DNA. In
98	the case of the fetus, a sample is suitable for testing if it
99	consists of properly preserved blood or fetal tissue containing
100	DNA. Samples collected pursuant to this section shall be
101	immediately forwarded to the Department of Law Enforcement for
102	testing in an effort to identify or confirm the identity of the
103	person responsible for impregnating the child.
104	(5)  All evidence derived pursuant to the provisions of
105	this section may be used in any prosecution under ss. 794.011,
106	800.04, and 827.04, Florida Statutes, or in any other criminal
107	or civil proceeding arising in connection with the pregnancy,
108	including any action arising out of any failure to make a report
109	or collect evidence as required by this section.
110	(6)  The Department of Health may revoke or suspend the
111	license of any person or entity subject to the provisions of
112	this section for a period not to exceed 2 years, or the
113	department may refuse to renew such license, if it is determined
114	in accordance with the provisions of chapter 120, Florida
115	Statutes, that any provision of this section has been violated
116	by that person or entity.
117	(7)  This section does not apply when the child provides to
118	the health care practitioner or abortion clinic personnel a
119	certified copy of a marriage license that is recognizable under
120	the laws of Florida or a certified copy of a court order
121	indicating that the child has had the disability of nonage
122	removed under s. 743.015, Florida Statutes, or a substantially
123	similar statute of another jurisdiction.
124	(8)  The Department of Law Enforcement is authorized to
125	adopt rules for the administration and implementation of this
126	section pursuant to ss. 120.536(1) and 120.54, Florida Statutes.
127	(9)  The privileged quality of communication between any
128	professional person and his or her child patient or client under
129	16 years of age is abrogated to facilitate compliance with the
130	requirements of this section.
131	Section 2.  This act shall take effect July 1, 2007.

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