Florida Senate - 2023                             CS for SB 1208
       
       
        
       By the Committee on Criminal Justice; and Senator Burgess
       
       
       
       
       
       591-03141-23                                          20231208c1
    1                        A bill to be entitled                      
    2         An act relating to depositions of witnesses in
    3         criminal proceedings; amending s. 92.55, F.S.;
    4         prohibiting the deposition of specified victims and
    5         witnesses in a criminal proceeding without a showing
    6         of good cause; providing for motions to depose
    7         witnesses; providing for factors to be considered
    8         concerning such motions; requiring written findings on
    9         such motions; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (6) is added to section 92.55,
   14  Florida Statutes, to read:
   15         92.55 Judicial or other proceedings involving victim or
   16  witness under the age of 18, a person who has an intellectual
   17  disability, or a sexual offense victim or witness; special
   18  protections; use of therapy animals or facility dogs.—
   19         (6)(a) Absent a showing of good cause, the defendant in a
   20  criminal action, or his or her representative, may not take the
   21  deposition of:
   22         1. A victim in a sexual offense case who is under the age
   23  of 18.
   24         2. Any person who has an intellectual disability.
   25         (b) Upon written motion by a defendant in a criminal
   26  action, or his or her representative, that a deposition is
   27  necessary to assist at a criminal trial, that the evidence
   28  sought is not reasonably available by any other means, and that
   29  the probative value of the testimony outweighs any potential
   30  harm to the person to be deposed, the court may authorize the
   31  taking of a deposition and may order any protections deemed
   32  necessary, including those provided in this section.
   33         (c) In ruling upon a motion filed under paragraph (b), the
   34  court may consider:
   35         1. The mental and physical age and maturity of the victim
   36  or witness.
   37         2. The nature and duration of the offense.
   38         3. The relationship of the victim or witness to the
   39  defendant.
   40         4. The complexity of the issues involved.
   41         5. Whether the victim or witness would suffer moderate
   42  psychological harm as a consequence of being compelled to
   43  testify at a deposition.
   44         6. The functional capacity of the victim or witness if he
   45  or she has an intellectual disability.
   46         7. The willingness of the victim or witness to be deposed.
   47         8. Any other fact that the court deems relevant.
   48         (d) The court shall make specific written findings of fact,
   49  on the record, as to the basis for its ruling under this
   50  subsection.
   51         Section 2. This act shall take effect July 1, 2023.