Bill Amendment: FL S1208 | 2023 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Depositions of Witnesses in Criminal Proceedings

Status: 2023-05-05 - Died in Judiciary, companion bill(s) passed, see CS/HB 667 (Ch. 2023-148) [S1208 Detail]

Download: Florida-2023-S1208-Senate_Committee_Amendment_466338.html

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       Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1208
       
       
       
       
       
       
                                Ì466338BÎ466338                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Criminal Justice (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) is added to section 92.55,
    6  Florida Statutes, to read:
    7         92.55 Judicial or other proceedings involving victim or
    8  witness under the age of 18, a person who has an intellectual
    9  disability, or a sexual offense victim or witness; special
   10  protections; use of therapy animals or facility dogs.—
   11         (6)(a) Absent a showing of good cause, the defendant in a
   12  criminal action, or his or her representative, may not take the
   13  deposition of:
   14         1. A victim in a sexual offense case who is under the age
   15  of 18.
   16         2. Any person who has an intellectual disability.
   17         (b) Upon written motion by a defendant in a criminal
   18  action, or his or her representative, that a deposition is
   19  necessary to assist at a criminal trial, that the evidence
   20  sought is not reasonably available by any other means, and that
   21  the probative value of the testimony outweighs any potential
   22  harm to the person to be deposed, the court may authorize the
   23  taking of a deposition and may order any protections deemed
   24  necessary, including those provided in this section.
   25         (c) In ruling upon a motion filed under paragraph (b), the
   26  court may consider:
   27         1. The mental and physical age and maturity of the victim
   28  or witness.
   29         2. The nature and duration of the offense.
   30         3. The relationship of the victim or witness to the
   31  defendant.
   32         4. The complexity of the issues involved.
   33         5. Whether the victim or witness would suffer moderate
   34  psychological harm as a consequence of being compelled to
   35  testify at a deposition.
   36         6. The functional capacity of the victim or witness if he
   37  or she has an intellectual disability.
   38         7. The willingness of the victim or witness to be deposed.
   39         8. Any other fact that the court deems relevant.
   40         (d) The court shall make specific written findings of fact,
   41  on the record, as to the basis for its ruling under this
   42  subsection.
   43         Section 2. This act shall take effect July 1, 2023.
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   47         Delete everything before the enacting clause
   48  and insert:
   49                        A bill to be entitled                      
   50         An act relating to depositions of witnesses in
   51         criminal proceedings; amending s. 92.55, F.S.;
   52         prohibiting the deposition of specified victims and
   53         witnesses in a criminal proceeding without a showing
   54         of good cause; providing for motions to depose
   55         witnesses; providing for factors to be considered
   56         concerning such motions; requiring written findings on
   57         such motions; providing an effective date.