Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 642
Barcode 912522
CHAMBER ACTION
Senate House
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04/09/2007 08:50 AM .
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11 The Committee on Criminal Justice (Bennett) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 642
Barcode 912522
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
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 642
Barcode 912522
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 jurisdiction state that does not have an
29 eligible crime victim compensation program as the term is
30 defined in the federal Victims of Crime Act of 1984.
31 (d) An act of mass violence or an act of international
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 642
Barcode 912522
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
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 642
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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.
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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
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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.;
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 642
Barcode 912522
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.
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