Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 642
                        Barcode 040962
                            CHAMBER ACTION
              Senate                               House
 1           Comm: RCS             .                    
       04/10/2007 04:51 PM         .                    
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11  The Committee on Criminal Justice (Bennett) recommended the
12  following amendment:
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
17  and insert:  
18         Section 1.  Paragraphs (t) and (u) are added to
19  subsection (1) of section 960.001, Florida Statutes, to read:
20         960.001  Guidelines for fair treatment of victims and
21  witnesses in the criminal justice and juvenile justice
22  systems.--
23         (1)  The Department of Legal Affairs, the state
24  attorneys, the Department of Corrections, the Department of
25  Juvenile Justice, the Parole Commission, the State Courts
26  Administrator and circuit court administrators, the Department
27  of Law Enforcement, and every sheriff's department, police
28  department, or other law enforcement agency as defined in s.
29  943.10(4) shall develop and implement guidelines for the use
30  of their respective agencies, which guidelines are consistent
31  with the purposes of this act and s. 16(b), Art. I of the
    3:34 PM   04/04/07                             s0642d-cj21-r3r

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 642 Barcode 040962 1 State Constitution and are designed to implement the 2 provisions of s. 16(b), Art. I of the State Constitution and 3 to achieve the following objectives: 4 (t) Use of a polygraph examination or other 5 truth-telling device with victim.--A law enforcement officer, 6 prosecuting attorney, or other government official may not ask 7 or require an adult, youth, or child victim of an alleged 8 sexual battery as defined in chapter 794 or other sexual 9 offense to submit to a polygraph examination or other 10 truth-telling device as a condition of proceeding with the 11 investigation of such an offense. The refusal of a victim to 12 submit to such an examination does not prevent the 13 investigation, charging, or prosecution of the offense. 14 (u) Presence of victim advocates during forensic 15 medical examination.--At the request of the victim or the 16 victim's parent, guardian, or lawful representative, a victim 17 advocate from a certified rape crisis center shall be 18 permitted to attend any forensic medical examination. 19 Section 2. Paragraph (a) of subsection (2) of section 20 960.003, Florida Statutes, is amended to read: 21 960.003 Human immunodeficiency virus testing for 22 persons charged with or alleged by petition for delinquency to 23 have committed certain offenses; disclosure of results to 24 victims.-- 25 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY 26 PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.-- 27 (a) In any case in which a person has been charged by 28 information or indictment with or alleged by petition for 29 delinquency to have committed any offense enumerated in s. 30 775.0877(1)(a)-(n), which involves the transmission of body 31 fluids from one person to another, upon request of the victim 2 3:34 PM 04/04/07 s0642d-cj21-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 642 Barcode 040962 1 or the victim's legal guardian, or of the parent or legal 2 guardian of the victim if the victim is a minor, the court 3 shall order such person to undergo HIV testing within 48 4 hours. 5 Section 3. Subsection (3) of section 960.03, Florida 6 Statutes, is amended to read: 7 960.03 Definitions; ss. 960.01-960.28.--As used in ss. 8 960.01-960.28, unless the context otherwise requires, the 9 term: 10 (3) "Crime" means: 11 (a) A felony or misdemeanor offense committed by 12 either an adult or a juvenile which results in physical injury 13 or death. The term also includes any such criminal act which 14 is committed within this state but which falls exclusively 15 within federal jurisdiction. 16 (b) A violation of s. 316.193, s. 316.027(1), s. 17 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results 18 in physical injury or death; however, any no other act 19 involving the operation of a motor vehicle, boat, or aircraft 20 which results in injury or death does not shall constitute a 21 crime under for the purpose of this chapter unless the injury 22 or death was intentionally inflicted through the use of such 23 vehicle, boat, or aircraft or unless such vehicle, boat, or 24 aircraft is an implement of a crime to which this act applies. 25 (c) A criminal act committed outside of this state 26 against a resident of this state which would have been 27 compensable if it had occurred in this state and which 28 occurred in a state that does not have an eligible crime 29 victim compensation program as the term is defined in the 30 federal Victims of Crime Act of 1984. 31 (d) An act of mass violence or an act of international 3 3:34 PM 04/04/07 s0642d-cj21-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 642 Barcode 040962 1 terrorism, as defined in 18 U.S.C. s. 2331, which is committed 2 outside of the territorial boundaries of the United States 3 upon a resident of this state, when such act results in 4 physical injury or death and the person is not eligible for 5 compensation under Title VIII of the Omnibus Diplomatic 6 Security and Antiterrorism Act of 1986. 7 Section 4. Subsection (2) of section 960.28, Florida 8 Statutes, is amended to read: 9 960.28 Payment for victims' initial forensic physical 10 examinations.-- 11 (2) The Crime Victims' Services Office of the 12 department shall pay for medical expenses connected with an 13 initial forensic physical examination of a victim who reports 14 a violation of sexual battery as defined in chapter 794 or a 15 lewd or lascivious offense as defined in chapter 800 to a law 16 enforcement officer. Such payment shall be made regardless of 17 whether or not the victim is covered by health or disability 18 insurance and whether the victim participates in the criminal 19 justice system or cooperates with law enforcement. The payment 20 shall be made only out of moneys allocated to the Crime 21 Victims' Services Office for the purposes of this section, and 22 the payment may not exceed $500 $250 with respect to any 23 violation. Payment may not be made for an initial forensic 24 physical examination unless the law enforcement officer 25 certifies in writing that the initial forensic physical 26 examination is needed to aid in the investigation of an 27 alleged sexual offense and that the claimant is the alleged 28 victim of the offense. The department shall develop and 29 maintain separate protocols for the initial forensic physical 30 examination of adults and children. Payment under this section 31 is limited to medical expenses connected with the initial 4 3:34 PM 04/04/07 s0642d-cj21-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 642 Barcode 040962 1 forensic physical examination, and payment may be made to a 2 medical provider using an examiner qualified under part I of 3 chapter 464, excluding s. 464.003(5); chapter 458; or chapter 4 459. Payment made to the medical provider by the department 5 shall be considered by the provider as payment in full for the 6 initial forensic physical examination associated with the 7 collection of evidence. The victim may not be required to pay, 8 directly or indirectly, the cost of an initial forensic 9 physical examination performed in accordance with this 10 section. 11 Section 5. This act shall take effect July 1, 2007. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 Delete everything before the enacting clause 17 18 and insert: 19 A bill to be entitled 20 An act relating to victims of crime; amending 21 s. 960.001, F.S.; providing that alleged 22 victims of sexual offenses may not be required 23 to submit to a polygraph or other truth-telling 24 examination as a condition of proceeding with 25 the investigation of such an offense; providing 26 that an alleged victim's refusal to submit to 27 such examination does not preclude 28 investigation, charging, or prosecution of the 29 alleged offense; providing for the presence of 30 victim advocates during forensic medical 31 examinations; amending s. 960.003, F.S.; 5 3:34 PM 04/04/07 s0642d-cj21-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 642 Barcode 040962 1 requiring the court to order HIV testing of 2 certain defendants within a specified period 3 after a request by the victim; amending s. 4 960.03, F.S.; redefining the term "crime" to 5 exclude certain acts of mass violence or 6 intentional terrorism; amending s. 960.28, 7 F.S.; revising provisions concerning payment of 8 initial forensic examinations of alleged 9 victims of certain sexual offenses; providing 10 an effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 3:34 PM 04/04/07 s0642d-cj21-r3r