Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1442
588412
Senate
Comm: FAV
4/15/2008
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House
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The Committee on Criminal and Civil Justice Appropriations (Dean)
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recommended the following substitute for amendment (682200):
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Senate Amendment (with title amendment)
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Delete line(s) 168-296
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and insert:
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Section 4. Section 847.002, Florida Statutes, is created to
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read:
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847.002 Child pornography prosecutions.--
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(1) Any law enforcement officer who, pursuant to a criminal
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investigation, recovers images or movies of child pornography
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shall:
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(a) Provide such images or movies to the law enforcement
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agency representative assigned to the Child Victim Identification
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Program at the National Center for Missing and Exploited
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Children, as required by the center's guidelines.
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(b) Request the law enforcement agency contact information
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from the Child Victim Identification Program for any images or
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movies recovered which contain an identified victim of child
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pornography as defined in s. 960.03.
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(c) Provide case information to the Child Victim
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Identification Program, as required by the National Center for
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Missing and Exploited Children guidelines, in any case where the
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law enforcement officer identifies a previously unidentified
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victim of child pornography, as defined in s. 960.03.
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(2) Any law enforcement officer submitting a case for
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prosecution which involves the production, promotion, or
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possession of child pornography shall submit to the designated
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prosecutor the law enforcement agency contact information
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provided by the Child Victim Identification Program at the
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National Center for Missing and Exploited Children, for any
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images or movies involved in the case which contain the depiction
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of an identified victim of child pornography as defined in s.
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960.03.
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(3) In every filed case involving an identified victim of
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child pornography, as defined in s. 960.03, the prosecuting
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agency shall enter the following information into the Victims in
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Child Pornography Tracking Repeat Exploitation database
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maintained by the Office of the Attorney General:
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(a) The case number and agency file number.
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(b) The named defendant.
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(c) The circuit court division and county.
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(d) Current court dates and the status of the case.
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(e) Contact information for the prosecutor assigned.
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(f) Verification that the prosecutor is or is not in
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possession of a victim impact statement and will use the
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statement in sentencing.
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Section 5. Section 847.01357, Florida Statutes, is created
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to read:
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847.01357 Exploited children's civil remedy.--
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(1) Any person who, while under the age of 18, was a victim
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of a sexual abuse crime listed in chapter 794, chapter 800,
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chapter 827, or chapter 847, where any portion of such abuse was
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used in the production of child pornography, and who suffers
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personal or psychological injury as a result of the production,
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promotion, or possession of such images or movies, may bring an
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action in an appropriate state court against the producer,
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promoter, or possessor of such images or movies, regardless of
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whether the victim is now an adult. In any action brought under
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this section, a prevailing plaintiff shall recover the actual
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damages such person sustained and the cost of the suit, including
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reasonable attorney's fees. Any victim who is awarded damages
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under this section shall be deemed to have sustained damages of
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at least $150,000.
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(2) Notwithstanding any other provisions of law, any action
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commenced under this section must be filed within 3 years after
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the later of:
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(a) The conclusion of a related criminal case;
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(b) The notification to the victim by a member of a law
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enforcement agency of the creation, possession, or promotion of
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pornographic images; or
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(c) In the case of a victim younger than 18, within 3 years
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after the person reaches the age of 18.
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(3) Any victim who has a bona fide claim under this section
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shall, upon request, be provided a pseudonym, pursuant to s.
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92.56(3), which shall be issued and maintained by the Department
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of Legal Affairs for use in all legal pleadings. This identifier
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shall be fully recognized in all courts in this state as a valid
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legal identity.
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(4) It is not a defense to a civil cause of action under
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this section that the respondent did not know the victim or
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commit the abuse depicted in any image of child pornography.
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(5) To prevent the further exploitation of victims for
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monetary gain by any other person, at the victim's request and
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pursuant to agency approval, the Office of the Attorney General
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may pursue cases on behalf of any Florida victim under this
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section. All damages obtained shall go to the victim, and the
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Office of the Attorney General may seek reasonable attorney's
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fees and costs as authorized under this section.
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Section 6. Paragraph (d) is added to subsection (3) of
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section 960.03, Florida Statutes, present subsections (10)
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through (13) of that section are renumbered as subsections (11)
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through (14), respectively, a new subsection (10) is added to
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that section, and present subsection (13) of that section is
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amended, to read:
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960.03 Definitions; ss. 960.01-960.28.--As used in ss.
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960.01-960.28, unless the context otherwise requires, the term:
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(3) "Crime" means:
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(d) Any violation of s. 827.071, s. 847.0135, s. 847.0137,
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or s. 847.0138, related to online sexual exploitation and child
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pornography.
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(10) "Identified victim of child pornography" means any
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person who, while under the age of 18, is depicted in any image
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or movie of child pornography and who is identified through a
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report generated by a law enforcement agency and provided to the
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National Center for Missing and Exploited Children's Child Victim
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Identification Program.
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(14)(13) "Victim" means:
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(a) A person who suffers personal physical injury or death
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as a direct result of a crime;
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(b) A person younger less than 18 16 years of age who was
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present at the scene of a crime, saw or heard the crime, and
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suffered a psychiatric or psychological injury because of the
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crime, but who was not physically injured; or
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(c) A person against whom a forcible felony was committed
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and who suffers a psychiatric or psychological injury as a direct
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result of that crime but who does not otherwise sustain a
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personal physical injury or death.
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Section 7. Section 960.197, Florida Statutes, is created to
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read:
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960.197 Assistance to victims of online sexual exploitation
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and child pornography.--
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(1) Notwithstanding the criteria set forth in s. 960.13 for
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crime victim compensation awards, the department may award
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compensation for counseling and other mental health services to
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treat psychological injury or trauma to:
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(a) A child younger than 18 years of age who suffers
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psychiatric or psychological injury as a direct result of online
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sexual exploitation under any provision of s. 827.071, s.
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847.0135, s. 847.0137, or s. 847.0138, and who does not otherwise
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sustain a personal injury or death; or
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(b) Any person who, while younger than age 18, was depicted
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in any image or movie, regardless of length, of child pornography
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as defined in s. 847.001, who has been identified by a law
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enforcement agency or the National Center for Missing and
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Exploited Children as an identified victim of child pornography,
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who suffers psychiatric or psychological injury as a direct
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result of the crime, and who does not otherwise sustain a
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personal injury or death.
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(2) Compensation under this section is not contingent upon
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pursuit of a criminal investigation or prosecution.
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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) 35, delete the word "known"
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and insert:
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identified
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4/14/2008 5:43:00 PM 3-07514A-08
CODING: Words stricken are deletions; words underlined are additions.