Senate Bill sb0642c2

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    Florida Senate - 2007                     CS for CS for SB 642

    By the Committees on Criminal and Civil Justice
    Appropriations; Criminal Justice; and Senators Fasano and
    Crist



    604-2628-07

  1                      A bill to be entitled

  2         An act relating to victims of crime; amending

  3         s. 960.001, F.S.; providing that alleged

  4         victims of sexual offenses may not be asked or

  5         required to submit to a polygraph or other

  6         truth-telling examination as a condition of

  7         proceeding with the investigation of such an

  8         offense; providing that an alleged victim's

  9         refusal to submit to such examination does not

10         preclude investigation, charging, or

11         prosecution of the alleged offense; providing

12         for the presence of victim advocates during

13         forensic medical examinations; amending s.

14         960.003, F.S.; requiring the court to order HIV

15         testing of certain defendants within a

16         specified period after a request by the victim;

17         amending s. 960.03, F.S.; redefining the term

18         "crime" to include criminal acts committed

19         outside the state in another jurisdiction;

20         amending s. 960.28, F.S.; revising provisions

21         concerning payment of initial forensic

22         examinations of alleged victims of certain

23         sexual offenses; providing an effective date.

24  

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

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27         Section 1.  Paragraphs (t) and (u) are added to

28  subsection (1) of section 960.001, Florida Statutes, to read:

29         960.001  Guidelines for fair treatment of victims and

30  witnesses in the criminal justice and juvenile justice

31  systems.--

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    Florida Senate - 2007                     CS for CS for SB 642
    604-2628-07




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

 2  attorneys, the Department of Corrections, the Department of

 3  Juvenile Justice, the Parole Commission, the State Courts

 4  Administrator and circuit court administrators, the Department

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

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

 7  943.10(4) shall develop and implement guidelines for the use

 8  of their respective agencies, which guidelines are consistent

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

10  State Constitution and are designed to implement the

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

12  to achieve the following objectives:

13         (t)  Use of a polygraph examination or other

14  truth-telling device with victim.--A law enforcement officer,

15  prosecuting attorney, or other government official may not ask

16  or require an adult, youth, or child victim of an alleged

17  sexual battery as defined in chapter 794 or other sexual

18  offense to submit to a polygraph examination or other

19  truth-telling device as a condition of proceeding with the

20  investigation of such an offense. The refusal of a victim to

21  submit to such an examination does not prevent the

22  investigation, charging, or prosecution of the offense.

23         (u)  Presence of victim advocates during forensic

24  medical examination.--At the request of the victim or the

25  victim's parent, guardian, or lawful representative, a victim

26  advocate from a certified rape crisis center shall be

27  permitted to attend any forensic medical examination.

28         Section 2.  Paragraphs (a) and (b) of subsection (2) of

29  section 960.003, Florida Statutes, are amended to read:

30         960.003  Human immunodeficiency virus testing for

31  persons charged with or alleged by petition for delinquency to

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    Florida Senate - 2007                     CS for CS for SB 642
    604-2628-07




 1  have committed certain offenses; disclosure of results to

 2  victims.--

 3         (2)  TESTING OF PERSON CHARGED WITH OR ALLEGED BY

 4  PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.--

 5         (a)  In any case in which a person has been charged by

 6  information or indictment with or alleged by petition for

 7  delinquency to have committed any offense enumerated in s.

 8  775.0877(1)(a)-(n), which involves the transmission of body

 9  fluids from one person to another, upon request of the victim

10  or the victim's legal guardian, or of the parent or legal

11  guardian of the victim if the victim is a minor, the court

12  shall order such person to undergo HIV testing within 48 hours

13  after the court order.

14         (b)  However, when a victim of any sexual offense

15  enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at

16  the time the offense was committed or when a victim of any

17  sexual offense enumerated in s. 775.0877(1)(a)-(n) or s.

18  825.1025 is a disabled adult or elderly person as defined in

19  s. 825.1025 regardless of whether the offense involves the

20  transmission of bodily fluids from one person to another, then

21  upon the request of the victim or the victim's legal guardian,

22  or of the parent or legal guardian, the court shall order such

23  person to undergo HIV testing within 48 hours after the court

24  order. The testing shall be performed under the direction of

25  the Department of Health in accordance with s. 381.004.  The

26  results of an HIV test performed on a defendant or juvenile

27  offender pursuant to this subsection shall not be admissible

28  in any criminal or juvenile proceeding arising out of the

29  alleged offense.

30         Section 3.  Subsection (3) of section 960.03, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2007                     CS for CS for SB 642
    604-2628-07




 1         960.03  Definitions; ss. 960.01-960.28.--As used in ss.

 2  960.01-960.28, unless the context otherwise requires, the

 3  term:

 4         (3)  "Crime" means:

 5         (a)  A felony or misdemeanor offense committed by

 6  either an adult or a juvenile which results in physical injury

 7  or death.  The term also includes any such criminal act which

 8  is committed within this state but which falls exclusively

 9  within federal jurisdiction.

10         (b)  A violation of s. 316.193, s. 316.027(1), s.

11  327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results

12  in physical injury or death; however, any no other act

13  involving the operation of a motor vehicle, boat, or aircraft

14  which results in injury or death does not shall constitute a

15  crime under for the purpose of this chapter unless the injury

16  or death was intentionally inflicted through the use of such

17  vehicle, boat, or aircraft or unless such vehicle, boat, or

18  aircraft is an implement of a crime to which this act applies.

19         (c)  A criminal act committed outside of this state

20  against a resident of this state which would have been

21  compensable if it had occurred in this state and which

22  occurred in a jurisdiction state that does not have an

23  eligible crime victim compensation program as the term is

24  defined in the federal Victims of Crime Act of 1984.

25         (d)  An act of mass violence or an act of international

26  terrorism, as defined in 18 U.S.C. s. 2331, which is committed

27  outside of the territorial boundaries of the United States

28  upon a resident of this state, when such act results in

29  physical injury or death and the person is not eligible for

30  compensation under Title VIII of the Omnibus Diplomatic

31  Security and Antiterrorism Act of 1986.

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    Florida Senate - 2007                     CS for CS for SB 642
    604-2628-07




 1         Section 4.  Subsection (2) of section 960.28, Florida

 2  Statutes, is amended to read:

 3         960.28  Payment for victims' initial forensic physical

 4  examinations.--

 5         (2)  The Crime Victims' Services Office of the

 6  department shall pay for medical expenses connected with an

 7  initial forensic physical examination of a victim who reports

 8  a violation of sexual battery as defined in chapter 794 or a

 9  lewd or lascivious offense as defined in chapter 800 to a law

10  enforcement officer. Such payment shall be made regardless of

11  whether or not the victim is covered by health or disability

12  insurance and whether the victim participates in the criminal

13  justice system or cooperates with law enforcement. The payment

14  shall be made only out of moneys allocated to the Crime

15  Victims' Services Office for the purposes of this section, and

16  the payment may not exceed $500 $250 with respect to any

17  violation. Payment may not be made for an initial forensic

18  physical examination unless the law enforcement officer

19  certifies in writing that the initial forensic physical

20  examination is needed to aid in the investigation of an

21  alleged sexual offense and that the claimant is the alleged

22  victim of the offense. The department shall develop and

23  maintain separate protocols for the initial forensic physical

24  examination of adults and children. Payment under this section

25  is limited to medical expenses connected with the initial

26  forensic physical examination, and payment may be made to a

27  medical provider using an examiner qualified under part I of

28  chapter 464, excluding s. 464.003(5); chapter 458; or chapter

29  459. Payment made to the medical provider by the department

30  shall be considered by the provider as payment in full for the

31  initial forensic physical examination associated with the

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    Florida Senate - 2007                     CS for CS for SB 642
    604-2628-07




 1  collection of evidence. The victim may not be required to pay,

 2  directly or indirectly, the cost of an initial forensic

 3  physical examination performed in accordance with this

 4  section.

 5         Section 5.  This act shall take effect July 1, 2007.

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 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
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10  Makes a technical correction to add the missing descriptor
    "asked or" to the bill title.
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