Senate Bill sb0642
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Florida Senate - 2007 SB 642
By Senator Fasano
11-585-07
1 A bill to be entitled
2 An act relating to victims of sexual battery;
3 amending s. 960.001, F.S.; providing victims of
4 sexual battery with the right to have a victim
5 advocate present during any forensic medical
6 examinations and at any interviews with law
7 enforcement officials or the state attorney's
8 office; prohibiting the use of polygraph
9 examinations or other truth-detection devices
10 on victims as a condition required for
11 proceeding with the investigation of an alleged
12 offense; amending s. 960.003, F.S.; requiring
13 the court to order that a test for HIV be
14 administered to a defendant against whom a
15 prosecutor has filed charges within a specified
16 period after a request by the victim; amending
17 s. 960.28, F.S.; providing that victims of
18 sexual battery need not report to law
19 enforcement officials to be reimbursed by
20 victim compensation for a forensic medical
21 examination; increasing the amount of
22 reimbursement to providers of forensic medical
23 examinations; deleting a provision prohibiting
24 such payment unless a law enforcement officer
25 certifies that an examination is necessary and
26 the claimant is the alleged victim; amending s.
27 960.198, F.S.; authorizing victims of sexual
28 battery to seek relocation assistance through
29 victim compensation; providing an effective
30 date.
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1
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Florida Senate - 2007 SB 642
11-585-07
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Paragraph (q) of subsection (1) of section
4 960.001, Florida Statutes, is amended, and paragraph (t) is
5 added to that subsection, to read:
6 960.001 Guidelines for fair treatment of victims and
7 witnesses in the criminal justice and juvenile justice
8 systems.--
9 (1) The Department of Legal Affairs, the state
10 attorneys, the Department of Corrections, the Department of
11 Juvenile Justice, the Parole Commission, the State Courts
12 Administrator and circuit court administrators, the Department
13 of Law Enforcement, and every sheriff's department, police
14 department, or other law enforcement agency as defined in s.
15 943.10(4) shall develop and implement guidelines for the use
16 of their respective agencies, which guidelines are consistent
17 with the purposes of this act and s. 16(b), Art. I of the
18 State Constitution and are designed to implement the
19 provisions of s. 16(b), Art. I of the State Constitution and
20 to achieve the following objectives:
21 (q) Presence of victim advocate during the forensic
22 medical examination, discovery deposition, and interviews with
23 criminal justice officials; testimony of victim of a sexual
24 offense.--At the request of the victim or the victim's parent,
25 guardian, or lawful representative, the victim advocate
26 designated by state attorney's office, sheriff's office, or
27 municipal police department, or one representative from a
28 not-for-profit victim services organization, including, but
29 not limited to, rape crisis centers, domestic violence
30 advocacy groups, and alcohol abuse or substance abuse groups
31 shall be permitted to attend and be present during any
2
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Florida Senate - 2007 SB 642
11-585-07
1 forensic medical examination, deposition of the victim, or
2 interviews with law enforcement officials or the state
3 attorney's office. The victim of a sexual offense shall be
4 informed of the right to have the courtroom cleared of certain
5 persons as provided in s. 918.16 when the victim is testifying
6 concerning that offense.
7 (t) Use of polygraph examination or other
8 truth-detection device with victim. A law enforcement officer,
9 prosecuting attorney, or other government official may not ask
10 or require an adult, youth, or child victim of an alleged
11 sexual battery as defined in chapter 794 or other alleged
12 sexual offense to submit to a polygraph examination or other
13 truth-detection device as a condition required for the
14 investigation of an alleged offense by law enforcement
15 officials. The refusal of a victim to submit to such an
16 examination does not prevent the investigation, charging, or
17 prosecution of the alleged offense.
18 Section 2. Paragraph (a) of subsection (2) of section
19 960.003, Florida Statutes, is amended to read:
20 960.003 Human immunodeficiency virus testing for
21 persons charged with or alleged by petition for delinquency to
22 have committed certain offenses; disclosure of results to
23 victims.--
24 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY
25 PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.--
26 (a) In any case in which a person has been charged by
27 information or indictment with or alleged by petition for
28 delinquency to have committed any offense enumerated in s.
29 775.0877(1)(a)-(n), which involves the transmission of body
30 fluids from one person to another, upon request of the victim
31 or the victim's legal guardian, or of the parent or legal
3
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Florida Senate - 2007 SB 642
11-585-07
1 guardian of the victim if the victim is a minor, the court
2 shall order such person to undergo HIV testing within 48 hours
3 after the request is made.
4 Section 3. Subsection (2) of section 960.28, Florida
5 Statutes, is amended to read:
6 960.28 Payment for victims' initial forensic physical
7 examinations.--
8 (2) The Crime Victims' Services Office of the
9 department shall pay for medical expenses connected with an
10 initial forensic physical examination of a victim who reports
11 a violation of sexual battery as defined in chapter 794 or of
12 lewd or lascivious offenses as defined in chapter 800 to a law
13 enforcement officer. Such payment shall be made regardless of
14 whether or not the victim is covered by health or disability
15 insurance and regardless of whether the victim participates in
16 the criminal justice system or cooperates with law enforcement
17 officials. The payment shall be made only out of moneys
18 allocated to the Crime Victims' Services Office for the
19 purposes of this section, and the payment may not exceed $500
20 $250 with respect to any violation. Payment may not be made
21 for an initial forensic physical examination unless the law
22 enforcement officer certifies in writing that the initial
23 forensic physical examination is needed to aid in the
24 investigation of an alleged sexual offense and that the
25 claimant is the alleged victim of the offense. The department
26 shall develop and maintain separate protocols for the initial
27 forensic physical examination of adults and children. Payment
28 under this section is limited to medical expenses connected
29 with the initial forensic physical examination, and payment
30 may be made to a medical provider using an examiner qualified
31 under part I of chapter 464, excluding s. 464.003(5); chapter
4
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Florida Senate - 2007 SB 642
11-585-07
1 458; or chapter 459. Payment made to the medical provider by
2 the department shall be considered by the provider as payment
3 in full for the initial forensic physical examination
4 associated with the collection of evidence. The victim may not
5 be required to pay, directly or indirectly, the cost of an
6 initial forensic physical examination performed in accordance
7 with this section.
8 Section 4. Section 960.198, Florida Statutes, is
9 amended to read:
10 960.198 Relocation assistance for victims of domestic
11 violence.--
12 (1) Notwithstanding the criteria set forth in s.
13 960.13 for crime victim compensation awards, the department
14 may award a one-time payment of up to $1,500 on any one claim
15 and a lifetime maximum of $3,000 to a victim of domestic
16 violence or sexual battery who needs immediate assistance to
17 escape from a domestic violence or unsafe environment.
18 (2) In order for an award to be granted to a victim
19 for relocation assistance:
20 (a) There must be proof that a domestic violence or
21 sexual battery offense was committed;
22 (b) The domestic violence or sexual battery offense
23 must be reported to the proper authorities;
24 (c) The victim's need for assistance must be certified
25 by a certified domestic violence center in this state in a
26 case involving domestic violence or by a certified rape-crisis
27 center in this state in a case involving sexual battery; and
28 (d) The center certification must assert that the
29 victim is cooperating with law enforcement officials, if
30 applicable, and must include documentation that the victim has
31 developed a safety plan.
5
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Florida Senate - 2007 SB 642
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1 Section 5. This act shall take effect July 1, 2007.
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4 SENATE SUMMARY
5 Provides victims of sexual battery with the right to have
a victim advocate present during any forensic medical
6 examinations and at any interviews with law enforcement
officials or the state attorney's office. Prohibits use
7 of polygraph examinations and other truth-detection
devices on victims as a requirement for proceeding with
8 the investigation of an alleged offense. Requires
administration of a test for HIV to a defendant within 48
9 hours after a victim requests the test. Provides that a
victim need not report to law enforcement officials to be
10 reimbursed by victim compensation for a forensic medical
examination. Increases the amount of reimbursement to
11 medical providers for forensic medical examinations from
$250 to $500. Allows victims of sexual battery to seek
12 relocation assistance through victim compensation.
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