Bill Text: FL S0764 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hearsay

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2014-05-02 - Died on Calendar [S0764 Detail]

Download: Florida-2014-S0764-Introduced.html

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       Florida Senate - 2014                                     SB 764
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00745A-14                                           2014764__
    1                        A bill to be entitled                      
    2         An act relating to hearsay; amending s. 90.801, F.S.;
    3         providing that a statement that is inconsistent with
    4         the declarant’s testimony is not hearsay regardless of
    5         whether it was given under oath subject to the penalty
    6         of perjury at a trial, hearing, or other proceeding or
    7         in a deposition; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (2) of section 90.801, Florida
   12  Statutes, is amended to read:
   13         90.801 Hearsay; definitions; exceptions.—
   14         (2) A statement is not hearsay if the declarant testifies
   15  at the trial or hearing and is subject to cross-examination
   16  concerning the statement and the statement is:
   17         (a) Inconsistent with the declarant’s testimony and was
   18  given under oath subject to the penalty of perjury at a trial,
   19  hearing, or other proceeding or in a deposition;
   20         (b) Consistent with the declarant’s testimony and is
   21  offered to rebut an express or implied charge against the
   22  declarant of improper influence, motive, or recent fabrication;
   23  or
   24         (c) One of identification of a person made after perceiving
   25  the person.
   26         Section 2. This act shall take effect July 1, 2014.