| 1 | A bill to be entitled |
| 2 | An act relating to crime victims; amending s. 960.001, |
| 3 | F.S.; providing that alleged victims of sexual offenses |
| 4 | shall not be required to submit to a polygraph or other |
| 5 | truth-telling examination as a condition of proceeding |
| 6 | with the investigation of such an offense; providing that |
| 7 | refusal of the alleged victim to submit to such |
| 8 | examination does not preclude investigation, charging, or |
| 9 | prosecution of the alleged offense; providing for the |
| 10 | presence of victim advocates during forensic medical |
| 11 | examinations; amending s. 960.003, F.S.; requiring that |
| 12 | HIV testing of certain defendants be ordered within a |
| 13 | specified period; amending s. 960.03, F.S.; revising the |
| 14 | definition of "crime" for specified purposes; amending s. |
| 15 | 960.28, F.S.; revising provisions relating to payment of |
| 16 | initial forensic examinations of alleged victims of |
| 17 | certain sexual offenses; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Paragraphs (t) and (u) are added to subsection |
| 22 | (1) of section 960.001, Florida Statutes, to read: |
| 23 | 960.001 Guidelines for fair treatment of victims and |
| 24 | witnesses in the criminal justice and juvenile justice |
| 25 | systems.-- |
| 26 | (1) The Department of Legal Affairs, the state attorneys, |
| 27 | the Department of Corrections, the Department of Juvenile |
| 28 | Justice, the Parole Commission, the State Courts Administrator |
| 29 | and circuit court administrators, the Department of Law |
| 30 | Enforcement, and every sheriff's department, police department, |
| 31 | or other law enforcement agency as defined in s. 943.10(4) shall |
| 32 | develop and implement guidelines for the use of their respective |
| 33 | agencies, which guidelines are consistent with the purposes of |
| 34 | this act and s. 16(b), Art. I of the State Constitution and are |
| 35 | designed to implement the provisions of s. 16(b), Art. I of the |
| 36 | State Constitution and to achieve the following objectives: |
| 37 | (t) Use of a polygraph examination or other truth-telling |
| 38 | device with victim.--No law enforcement officer, prosecuting |
| 39 | attorney, or other government official shall ask or require an |
| 40 | adult, youth, or child victim of an alleged sexual battery as |
| 41 | defined in chapter 794 or other sexual offense to submit to a |
| 42 | polygraph examination or other truth-telling device as a |
| 43 | condition of proceeding with the investigation of such an |
| 44 | offense. The refusal of a victim to submit to such an |
| 45 | examination shall not prevent the investigation, charging, or |
| 46 | prosecution of the offense. |
| 47 | (u) Presence of victim advocates during forensic medical |
| 48 | examination.--At the request of the victim or the victim's |
| 49 | parent, guardian, or lawful representative, a victim advocate |
| 50 | from a certified rape crisis center shall be permitted to attend |
| 51 | any forensic medical examination. |
| 52 | Section 2. Subsection (2) of section 960.003, Florida |
| 53 | Statutes, is amended to read: |
| 54 | 960.003 HIV Human immunodeficiency virus testing for |
| 55 | persons charged with or alleged by petition for delinquency to |
| 56 | have committed certain offenses; disclosure of results to |
| 57 | victims.-- |
| 58 | (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION |
| 59 | FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.-- |
| 60 | (a) In any case in which a person has been charged by |
| 61 | information or indictment with or alleged by petition for |
| 62 | delinquency to have committed any offense enumerated in s. |
| 63 | 775.0877(1)(a)-(n), which involves the transmission of body |
| 64 | fluids from one person to another, upon request of the victim or |
| 65 | the victim's legal guardian, or of the parent or legal guardian |
| 66 | of the victim if the victim is a minor, the court shall order |
| 67 | such person to undergo HIV testing within 48 hours of the court |
| 68 | order. |
| 69 | (b) However, when a victim of any sexual offense |
| 70 | enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at |
| 71 | the time the offense was committed or when a victim of any |
| 72 | sexual offense enumerated in s. 775.0877(1)(a)-(n) or s. |
| 73 | 825.1025 is a disabled adult or elderly person as defined in s. |
| 74 | 825.1025 regardless of whether the offense involves the |
| 75 | transmission of bodily fluids from one person to another, then |
| 76 | upon the request of the victim or the victim's legal guardian, |
| 77 | or of the parent or legal guardian, the court shall order such |
| 78 | person to undergo HIV testing within 48 hours of the court |
| 79 | order. The testing shall be performed under the direction of the |
| 80 | Department of Health in accordance with s. 381.004. The results |
| 81 | of an HIV test performed on a defendant or juvenile offender |
| 82 | pursuant to this subsection shall not be admissible in any |
| 83 | criminal or juvenile proceeding arising out of the alleged |
| 84 | offense. |
| 85 | Section 3. Subsection (3) of section 960.03, Florida |
| 86 | Statutes, is amended to read: |
| 87 | 960.03 Definitions; ss. 960.01-960.28.--As used in ss. |
| 88 | 960.01-960.28, unless the context otherwise requires, the term: |
| 89 | (3) "Crime" means: |
| 90 | (a) A felony or misdemeanor offense committed by either an |
| 91 | adult or a juvenile which results in physical injury or death. |
| 92 | The term also includes any such criminal act which is committed |
| 93 | within this state but which falls exclusively within federal |
| 94 | jurisdiction. |
| 95 | (b) A violation of s. 316.193, s. 316.027(1), s. |
| 96 | 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in |
| 97 | physical injury or death; however, no other act involving the |
| 98 | operation of a motor vehicle, boat, or aircraft which results in |
| 99 | injury or death shall constitute a crime for the purpose of this |
| 100 | chapter unless the injury or death was intentionally inflicted |
| 101 | through the use of such vehicle, boat, or aircraft or unless |
| 102 | such vehicle, boat, or aircraft is an implement of a crime to |
| 103 | which this act applies. |
| 104 | (c) A criminal act committed outside of this state against |
| 105 | a resident of this state which would have been compensable if it |
| 106 | had occurred in this state and which occurred in a jurisdiction |
| 107 | state that does not have an eligible crime victim compensation |
| 108 | program as the term is defined in the federal Victims of Crime |
| 109 | Act of 1984. |
| 110 | (d) An act of mass violence or an act of international |
| 111 | terrorism, as defined in 18 U.S.C. s. 2331, which is committed |
| 112 | outside of the territorial boundaries of the United States upon |
| 113 | a resident of this state, when such act results in physical |
| 114 | injury or death and the person is not eligible for compensation |
| 115 | under Title VIII of the Omnibus Diplomatic Security and |
| 116 | Antiterrorism Act of 1986. |
| 117 | Section 4. Subsection (2) of section 960.28, Florida |
| 118 | Statutes, is amended to read: |
| 119 | 960.28 Payment for victims' initial forensic physical |
| 120 | examinations.-- |
| 121 | (2) The Crime Victims' Services Office of the department |
| 122 | shall pay for medical expenses connected with an initial |
| 123 | forensic physical examination of a victim of sexual battery as |
| 124 | defined in who reports a violation of chapter 794 or a lewd or |
| 125 | lascivious offense as defined in chapter 800 to a law |
| 126 | enforcement officer. Such payment shall be made regardless of |
| 127 | whether or not the victim is covered by health or disability |
| 128 | insurance and whether the victim participates in the criminal |
| 129 | justice system or cooperates with law enforcement. The payment |
| 130 | shall be made only out of moneys allocated to the Crime Victims' |
| 131 | Services Office for the purposes of this section, and the |
| 132 | payment may not exceed $500 $250 with respect to any violation. |
| 133 | Payment may not be made for an initial forensic physical |
| 134 | examination unless the law enforcement officer certifies in |
| 135 | writing that the initial forensic physical examination is needed |
| 136 | to aid in the investigation of an alleged sexual offense and |
| 137 | that the claimant is the alleged victim of the offense. The |
| 138 | department shall develop and maintain separate protocols for the |
| 139 | initial forensic physical examination of adults and children. |
| 140 | Payment under this section is limited to medical expenses |
| 141 | connected with the initial forensic physical examination, and |
| 142 | payment may be made to a medical provider using an examiner |
| 143 | qualified under part I of chapter 464, excluding s. 464.003(5); |
| 144 | chapter 458; or chapter 459. Payment made to the medical |
| 145 | provider by the department shall be considered by the provider |
| 146 | as payment in full for the initial forensic physical examination |
| 147 | associated with the collection of evidence. The victim may not |
| 148 | be required to pay, directly or indirectly, the cost of an |
| 149 | initial forensic physical examination performed in accordance |
| 150 | with this section. |
| 151 | Section 5. This act shall take effect July 1, 2007. |