HB 989

1	A bill to be entitled
2	An act relating to victims of sexual battery; amending s.
3	960.001, F.S.; providing that alleged victims of sexual
4	offenses shall not be required to submit to a polygraph or
5	other truth-telling examination as a condition of
6	proceeding with the investigation of such an offense;
7	providing that refusal of the alleged victim to submit to
8	such examination does not preclude investigation,
9	charging, or prosecution of the alleged offense; providing
10	for the presence of victim advocates during forensic
11	medical examinations; amending s. 960.003, F.S.; requiring
12	that HIV testing of certain defendants be ordered within a
13	specified period; amending s. 960.28, F.S.; revising
14	provisions relating to payment of initial forensic
15	examinations of alleged victims of certain sexual
16	offenses; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Paragraphs (t) and (u) are added to subsection
21	(1) of section 960.001, Florida Statutes, to read:
22	960.001  Guidelines for fair treatment of victims and
23	witnesses in the criminal justice and juvenile justice
24	systems.--
25	(1)  The Department of Legal Affairs, the state attorneys,
26	the Department of Corrections, the Department of Juvenile
27	Justice, the Parole Commission, the State Courts Administrator
28	and circuit court administrators, the Department of Law
29	Enforcement, and every sheriff's department, police department,
30	or other law enforcement agency as defined in s. 943.10(4) shall
31	develop and implement guidelines for the use of their respective
32	agencies, which guidelines are consistent with the purposes of
33	this act and s. 16(b), Art. I of the State Constitution and are
34	designed to implement the provisions of s. 16(b), Art. I of the
35	State Constitution and to achieve the following objectives:
36	(t)  Use of a polygraph examination or other truth-telling
37	device with victim.--No law enforcement officer, prosecuting
38	attorney, or other government official shall ask or require an
39	adult, youth, or child victim of an alleged sexual battery as
40	defined in chapter 794 or other sexual offense to submit to a
41	polygraph examination or other truth-telling device as a
42	condition of proceeding with the investigation of such an
43	offense. The refusal of a victim to submit to such an
44	examination shall not prevent the investigation, charging, or
45	prosecution of the offense.
46	(u)  Presence of victim advocates during forensic medical
47	examination.--At the request of the victim or the victim's
48	parent, guardian, or lawful representative, a victim advocate
49	from a certified rape crisis center shall be permitted to attend
50	any forensic medical examination.
51	Section 2.  Paragraph (a) of subsection (2) of section
52	960.003, Florida Statutes, is amended to read:
53	960.003  HIV Human immunodeficiency virus testing for
54	persons charged with or alleged by petition for delinquency to
55	have committed certain offenses; disclosure of results to
56	victims.--
57	(2)  TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
58	FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.--
59	(a)  In any case in which a person has been charged by
60	information or indictment with or alleged by petition for
61	delinquency to have committed any offense enumerated in s.
62	775.0877(1)(a)-(n), which involves the transmission of body
63	fluids from one person to another, upon request of the victim or
64	the victim's legal guardian, or of the parent or legal guardian
65	of the victim if the victim is a minor, the court shall order
66	such person to undergo HIV testing within 48 hours.
67	Section 3.  Subsection (2) of section 960.28, Florida
68	Statutes, is amended to read:
69	960.28  Payment for victims' initial forensic physical
70	examinations.--
71	(2)  The Crime Victims' Services Office of the department
72	shall pay for medical expenses connected with an initial
73	forensic physical examination of a victim of sexual battery as
74	defined in who reports a violation of chapter 794 or a lewd or
75	lascivious offense as defined in chapter 800 to a law
76	enforcement officer. Such payment shall be made regardless of
77	whether or not the victim is covered by health or disability
78	insurance and whether the victim participates in the criminal
79	justice system or cooperates with law enforcement. The payment
80	shall be made only out of moneys allocated to the Crime Victims'
81	Services Office for the purposes of this section, and the
82	payment may not exceed $500 $250 with respect to any violation.
83	Payment may not be made for an initial forensic physical
84	examination unless the law enforcement officer certifies in
85	writing that the initial forensic physical examination is needed
86	to aid in the investigation of an alleged sexual offense and
87	that the claimant is the alleged victim of the offense. The
88	department shall develop and maintain separate protocols for the
89	initial forensic physical examination of adults and children.
90	Payment under this section is limited to medical expenses
91	connected with the initial forensic physical examination, and
92	payment may be made to a medical provider using an examiner
93	qualified under part I of chapter 464, excluding s. 464.003(5);
94	chapter 458; or chapter 459. Payment made to the medical
95	provider by the department shall be considered by the provider
96	as payment in full for the initial forensic physical examination
97	associated with the collection of evidence. The victim may not
98	be required to pay, directly or indirectly, the cost of an
99	initial forensic physical examination performed in accordance
100	with this section.
101	Section 4.  This act shall take effect July 1, 2007.

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