Bill Amendment: FL S1068 | 2019 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Crime Victim Assistance

Status: 2019-05-03 - Died in Appropriations, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S1068 Detail]

Download: Florida-2019-S1068-Senate_Committee_Amendment_412986.html

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       Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1068
       
       
       
       
       
       
                                Ì412986QÎ412986                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Bean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 800.04, Florida Statutes, is amended to
    6  read
    7         800.04 Lewd or lascivious offenses committed upon or in the
    8  presence of persons less than 16 years of age.—
    9         (1) DEFINITIONS.—As used in this section:
   10         (a) “Sexual activity” means the oral, anal, or vaginal
   11  penetration by, or union with, the sexual organ of another or
   12  the anal or vaginal penetration of another by any other object;
   13  however, sexual activity does not include an act done for a bona
   14  fide medical purpose.
   15         (b) “Consent” means intelligent, knowing, and voluntary
   16  consent, and does not include submission by coercion.
   17         (c) “Coercion” means the use of exploitation, bribes,
   18  threats of force, or intimidation to gain cooperation or
   19  compliance.
   20         (d) “Victim” means a person upon whom an offense described
   21  in this section was committed or attempted or a person who has
   22  reported a violation of this section to a law enforcement
   23  officer.
   24         (2) PROHIBITED DEFENSES.—Except as provided in paragraph
   25  (5)(f), neither the victim’s lack of chastity nor the victim’s
   26  consent is a defense to the crimes proscribed by this section.
   27         (3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s
   28  ignorance of the victim’s age, the victim’s misrepresentation of
   29  his or her age, or the perpetrator’s bona fide belief of the
   30  victim’s age cannot be raised as a defense in a prosecution
   31  under this section.
   32         (4) LEWD OR LASCIVIOUS BATTERY.—
   33         (a) A person commits lewd or lascivious battery by:
   34         1. Engaging in sexual activity with a person 12 years of
   35  age or older but less than 16 years of age; or
   36         2. Encouraging, forcing, or enticing any person less than
   37  16 years of age to engage in sadomasochistic abuse, sexual
   38  bestiality, prostitution, or any other act involving sexual
   39  activity.
   40         (b) Except as provided in paragraph (c), an offender who
   41  commits lewd or lascivious battery commits a felony of the
   42  second degree, punishable as provided in s. 775.082, s. 775.083,
   43  or s. 775.084.
   44         (c) A person commits a felony of the first degree,
   45  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
   46  if the person is an offender 18 years of age or older who
   47  commits lewd or lascivious battery and was previously convicted
   48  of a violation of:
   49         1. Section 787.01(2) or s. 787.02(2) when the violation
   50  involved a victim who was a minor and, in the course of
   51  committing that violation, the defendant committed against the
   52  minor a sexual battery under chapter 794 or a lewd act under
   53  this section or s. 847.0135(5);
   54         2. Section 787.01(3)(a)2. or 3.;
   55         3. Section 787.02(3)(a)2. or 3.;
   56         4. Chapter 794, excluding s. 794.011(10);
   57         5. Section 825.1025;
   58         6. Section 847.0135(5); or
   59         7. This section.
   60         (5) LEWD OR LASCIVIOUS MOLESTATION.—
   61         (a) A person who intentionally touches in a lewd or
   62  lascivious manner the breasts, genitals, genital area, or
   63  buttocks, or the clothing covering them, of a person less than
   64  16 years of age, or forces or entices a person under 16 years of
   65  age to so touch the perpetrator, commits lewd or lascivious
   66  molestation.
   67         (b) An offender 18 years of age or older who commits lewd
   68  or lascivious molestation against a victim less than 12 years of
   69  age commits a life felony, punishable as provided in s.
   70  775.082(3)(a)4.
   71         (c)1. An offender less than 18 years of age who commits
   72  lewd or lascivious molestation against a victim less than 12
   73  years of age; or
   74         2. An offender 18 years of age or older who commits lewd or
   75  lascivious molestation against a victim 12 years of age or older
   76  but less than 16 years of age
   77  
   78  commits a felony of the second degree, punishable as provided in
   79  s. 775.082, s. 775.083, or s. 775.084.
   80         (d) An offender less than 18 years of age who commits lewd
   81  or lascivious molestation against a victim 12 years of age or
   82  older but less than 16 years of age commits a felony of the
   83  third degree, punishable as provided in s. 775.082, s. 775.083,
   84  or s. 775.084.
   85         (e) A person commits a felony of the first degree,
   86  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
   87  if the person is 18 years of age or older and commits lewd or
   88  lascivious molestation against a victim 12 years of age or older
   89  but less than 16 years of age and the person was previously
   90  convicted of a violation of:
   91         1. Section 787.01(2) or s. 787.02(2) when the violation
   92  involved a victim who was a minor and, in the course of
   93  committing the violation, the defendant committed against the
   94  minor a sexual battery under chapter 794 or a lewd act under
   95  this section or s. 847.0135(5);
   96         2. Section 787.01(3)(a)2. or 3.;
   97         3. Section 787.02(3)(a)2. or 3.;
   98         4. Chapter 794, excluding s. 794.011(10);
   99         5. Section 825.1025;
  100         6. Section 847.0135(5); or
  101         7. This section.
  102         (f) A person who intentionally touches in a lewd or
  103  lascivious manner the breasts, genitals, genital area, or
  104  buttocks, or the clothing covering them, of a person 16 or 17
  105  years of age, without that person's consent, or forces or
  106  entices a person 16 or 17 years of age to so touch the
  107  perpetrator, commits lewd or lascivious molestation, a felony of
  108  the third degree, punishable as provided in s. 775.082, s.
  109  775.083, or s. 775.084.
  110         (6) LEWD OR LASCIVIOUS CONDUCT.—
  111         (a) A person who:
  112         1. Intentionally touches a person under 16 years of age in
  113  a lewd or lascivious manner; or
  114         2. Solicits a person under 16 years of age to commit a lewd
  115  or lascivious act
  116  
  117  commits lewd or lascivious conduct.
  118         (b) An offender 18 years of age or older who commits lewd
  119  or lascivious conduct commits a felony of the second degree,
  120  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  121         (c) An offender less than 18 years of age who commits lewd
  122  or lascivious conduct commits a felony of the third degree,
  123  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  124         (7) LEWD OR LASCIVIOUS EXHIBITION.—
  125         (a) A person who:
  126         1. Intentionally masturbates;
  127         2. Intentionally exposes the genitals in a lewd or
  128  lascivious manner; or
  129         3. Intentionally commits any other sexual act that does not
  130  involve actual physical or sexual contact with the victim,
  131  including, but not limited to, sadomasochistic abuse, sexual
  132  bestiality, or the simulation of any act involving sexual
  133  activity
  134  
  135  in the presence of a victim who is less than 16 years of age,
  136  commits lewd or lascivious exhibition.
  137         (b) An offender 18 years of age or older who commits a lewd
  138  or lascivious exhibition commits a felony of the second degree,
  139  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  140         (c) An offender less than 18 years of age who commits a
  141  lewd or lascivious exhibition commits a felony of the third
  142  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  143  775.084.
  144         (8) EXCEPTION.—A mother’s breastfeeding of her baby does
  145  not under any circumstance constitute a violation of this
  146  section.
  147         Section 2. Paragraph (g) is added to subsection (3) of
  148  section 960.03, Florida Statutes, to read:
  149         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  150  960.01-960.28, unless the context otherwise requires, the term:
  151         (3) “Crime” means:
  152         (g) A violation of s. 800.04, related to lewd or lascivious
  153  offenses.
  154         Section 3. Subsection (2) of section 960.28, Florida
  155  Statutes, is amended to read:
  156         960.28 Payment for victims’ initial forensic physical
  157  examinations.—
  158         (2) The Crime Victims’ Services Office of the department
  159  shall pay for medical expenses connected with an initial
  160  forensic physical examination of a victim of sexual battery as
  161  defined in chapter 794 or a lewd or lascivious offense as
  162  defined in chapter 800. Such payment shall be made regardless of
  163  whether the victim is covered by health or disability insurance
  164  and whether the victim participates in the criminal justice
  165  system or cooperates with law enforcement. The payment shall be
  166  made only out of moneys allocated to the Crime Victims’ Services
  167  Office for the purposes of this section, and the payment may not
  168  exceed $1000 $500 with respect to any violation. The department
  169  shall develop and maintain separate protocols for the initial
  170  forensic physical examination of adults and children. Payment
  171  under this section is limited to medical expenses connected with
  172  the initial forensic physical examination, and payment may be
  173  made to a medical provider using an examiner qualified under
  174  part I of chapter 464, excluding s. 464.003(14); chapter 458; or
  175  chapter 459. Payment made to the medical provider by the
  176  department shall be considered by the provider as payment in
  177  full for the initial forensic physical examination associated
  178  with the collection of evidence. The victim may not be required
  179  to pay, directly or indirectly, the cost of an initial forensic
  180  physical examination performed in accordance with this section.
  181         Section 4. This act shall take effect July 1, 2019.
  182  
  183  ================= T I T L E  A M E N D M E N T ================
  184  And the title is amended as follows:
  185         Delete everything before the enacting clause
  186  and insert:
  187                        A bill to be entitled                      
  188         An act relating to sex crimes; amending s. 800.04,
  189         F.S.; providing an exception for when consent can be
  190         used as a defense; prohibiting certain lewd or
  191         lascivious acts on specified persons; amending s.
  192         960.03, F.S.; redefining the term "crime" to include
  193         the commission of lewd or lascivious offenses;
  194         amending s. 960.28, F.S.; increasing the maximum
  195         amount the Crime Victims' Services Office of the
  196         Department of Legal Affairs is required to pay for
  197         certain medical expenses of victims of specified
  198         crimes; providing an effective date.