Bill Amendment: FL S0764 | 2014 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Hearsay

Status: 2014-05-02 - Died on Calendar [S0764 Detail]

Download: Florida-2014-S0764-Senate_Committee_Substitue_Amendment_732958_Amendment_387314_.html

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       Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 764
       
       
       
       
       
       
                                Ì732958UÎ732958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2014           .                                
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    1         Senate Substitute for Amendment (387314) 
    2  
    3         Delete lines 15 - 18
    4  and insert:
    5         (25) HEARSAY EXCEPTION; STATEMENT OF DOMESTIC VIOLENCE
    6  VICTIM.—
    7         (a) A statement that purports to narrate, describe, report,
    8  or explain an act of domestic violence as defined in s. 741.28
    9  made by a victim of the domestic violence if the statement was
   10  recorded electronically or in writing, was made to a law
   11  enforcement officer to enable the law enforcement agency to
   12  respond to an ongoing emergency, and has sufficient indicia of
   13  reliability.
   14         (b) In determining whether a statement has sufficient
   15  indicia of reliability under paragraph (a), the court shall
   16  consider all circumstances surrounding the statement, including,
   17  but not limited to:
   18         1. Whether the statement is corroborated by evidence other
   19  than statements that are subject to admission only pursuant to
   20  this subsection;
   21         2. The timing of the statement;
   22         3. Whether the statement was elicited by leading questions;
   23  and
   24         4. Subsequent statements made by the victim. The victim’s
   25  recantation alone is not sufficient reason for denying admission
   26  of a statement under this subsection unless there are other
   27  factors also indicating unreliability.