Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1188
254696
Senate
Comm: WD
4/8/2008
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House
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The Committee on Criminal Justice (Lynn) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Between line(s) 461 and 462,
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insert:
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Section 4. Paragraphs (b) and (c) of subsection (1) of
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section 960.001, Florida Statutes, are amended to read:
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960.001 Guidelines for fair treatment of victims and
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witnesses in the criminal justice and juvenile justice systems.--
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(1) The Department of Legal Affairs, the state attorneys,
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the Department of Corrections, the Department of Juvenile
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Justice, the Parole Commission, the State Courts Administrator
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and circuit court administrators, the Department of Law
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Enforcement, and every sheriff's department, police department,
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or other law enforcement agency as defined in s. 943.10(4) shall
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develop and implement guidelines for the use of their respective
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agencies, which guidelines are consistent with the purposes of
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this act and s. 16(b), Art. I of the State Constitution and are
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designed to implement the provisions of s. 16(b), Art. I of the
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State Constitution and to achieve the following objectives:
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(b) Information for purposes of notifying victim or
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appropriate next of kin of victim or other designated contact of
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victim.--In the case of a homicide, pursuant to chapter 782; or a
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sexual offense, pursuant to chapter 794; or an attempted murder
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or sexual offense, pursuant to chapter 777; or stalking, pursuant
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to s. 784.048; or domestic violence, pursuant to s. 741.28; or
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repeat violence, sexual violence, or dating violence, pursuant to
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s. 784.046 s. 25.385:
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1. The arresting law enforcement officer or personnel of an
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organization that provides assistance to a victim or to the
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appropriate next of kin of the victim or other designated contact
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must request that the victim or appropriate next of kin of the
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victim or other designated contact complete a victim notification
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card. However, the victim or appropriate next of kin of the
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victim or other designated contact may choose not to complete the
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victim notification card.
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2. Unless the victim or the appropriate next of kin of the
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victim or other designated contact waives the option to complete
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the victim notification card, a copy of the victim notification
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card must be filed with the incident report or warrant in the
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sheriff's office of the jurisdiction in which the incident report
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or warrant originated. The notification card shall, at a minimum,
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consist of:
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a. The name, address, and phone number of the victim; or
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b. The name, address, and phone number of the appropriate
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next of kin of the victim; or
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c. The name, address, and phone number of a designated
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contact other than the victim or appropriate next of kin of the
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victim; and
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d. Any relevant identification or case numbers assigned to
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the case.
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3. The chief administrator, or a person designated by the
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chief administrator, of a county jail, municipal jail, juvenile
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detention facility, or residential commitment facility shall make
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a reasonable attempt to notify the alleged victim or appropriate
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next of kin of the alleged victim or other designated contact
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within 4 hours following the release of the defendant on bail or,
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in the case of a juvenile offender, upon the release from
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residential detention or commitment. If the chief administrator,
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or designee, is unable to contact the alleged victim or
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appropriate next of kin of the alleged victim or other designated
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contact by telephone, the chief administrator, or designee, must
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send to the alleged victim or appropriate next of kin of the
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alleged victim or other designated contact a written notification
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of the defendant's release.
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4. Unless otherwise requested by the victim or the
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appropriate next of kin of the victim or other designated
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contact, the information contained on the victim notification
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card must be sent by the chief administrator, or designee, of the
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appropriate facility to the subsequent correctional or
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residential commitment facility following the sentencing and
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incarceration of the defendant, and unless otherwise requested by
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the victim or the appropriate next of kin of the victim or other
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designated contact, he or she must be notified of the release of
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the defendant from incarceration as provided by law.
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5. If the defendant was arrested pursuant to a warrant
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issued or taken into custody pursuant to s. 985.101 in a
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jurisdiction other than the jurisdiction in which the defendant
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is being released, and the alleged victim or appropriate next of
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kin of the alleged victim or other designated contact does not
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waive the option for notification of release, the chief
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correctional officer or chief administrator of the facility
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releasing the defendant shall make a reasonable attempt to
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immediately notify the chief correctional officer of the
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jurisdiction in which the warrant was issued or the juvenile was
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taken into custody pursuant to s. 985.101, and the chief
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correctional officer of that jurisdiction shall make a reasonable
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attempt to notify the alleged victim or appropriate next of kin
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of the alleged victim or other designated contact, as provided in
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this paragraph, that the defendant has been or will be released.
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(c) Information concerning protection available to victim
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or witness.--A victim or witness shall be furnished, as a matter
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of course, with information on steps that are available to law
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enforcement officers and state attorneys to protect victims and
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witnesses from intimidation. Victims of domestic violence, repeat
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violence, sexual violence, or dating violence shall also be given
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information about the address confidentiality program provided
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under s. 741.403.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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On line(s) 11, after the second semicolon,
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insert:
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amending s. 960.001, F.S.; requiring certain named
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entities to give specified information to a victim of
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domestic violence, repeat violence, sexual violence, or
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dating violence;
4/7/2008 9:39:00 AM 591-06684-08
CODING: Words stricken are deletions; words underlined are additions.