Bill Text: FL S1012 | 2022 | Regular Session | Enrolled
Bill Title: Victims of Crimes
Spectrum: Bipartisan Bill
Status: (Passed) 2022-05-12 - Chapter No. 2022-106 [S1012 Detail]
Download: Florida-2022-S1012-Enrolled.html
ENROLLED
2022 Legislature CS for SB 1012
20221012er
1
2 An act relating to victims of crimes; amending s.
3 960.001, F.S.; requiring law enforcement personnel to
4 ensure that crime victims are given information about
5 specified rights, upon request, at all stages of
6 criminal, parole, or juvenile proceedings; requiring
7 law enforcement personnel to ensure that crime victims
8 are given information about their right to employ
9 private counsel; encouraging The Florida Bar to
10 develop a registry of attorneys willing to serve on a
11 pro bono basis as advocates for crime victims;
12 amending ss. 960.0021 and 985.036, F.S.; conforming
13 provisions to changes made by the act; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (a) of subsection (1) of section
19 960.001, Florida Statutes, is amended to read:
20 960.001 Guidelines for fair treatment of victims and
21 witnesses in the criminal justice and juvenile justice systems.—
22 (1) The Department of Legal Affairs, the state attorneys,
23 the Department of Corrections, the Department of Juvenile
24 Justice, the Florida Commission on Offender Review, the State
25 Courts Administrator and circuit court administrators, the
26 Department of Law Enforcement, and every sheriff’s department,
27 police department, or other law enforcement agency as defined in
28 s. 943.10(4) shall develop and implement guidelines for the use
29 of their respective agencies, which guidelines are consistent
30 with the purposes of this act and s. 16(b), Art. I of the State
31 Constitution and are designed to implement s. 16(b), Art. I of
32 the State Constitution and to achieve the following objectives:
33 (a) Information concerning services available to victims of
34 adult and juvenile crime.—As provided in s. 27.0065, state
35 attorneys and public defenders shall gather information
36 regarding the following services in the geographic boundaries of
37 their respective circuits and shall provide such information to
38 each law enforcement agency with jurisdiction within such
39 geographic boundaries. Law enforcement personnel shall ensure,
40 through distribution of a victim’s rights information card or
41 brochure at the crime scene, during the criminal investigation,
42 and in any other appropriate manner, that victims are given, as
43 a matter of course at the earliest possible time, information
44 about:
45 1. The availability of crime victim compensation, if
46 applicable;
47 2. Crisis intervention services, supportive or bereavement
48 counseling, social service support referrals, and community
49 based victim treatment programs;
50 3. The role of the victim in the criminal or juvenile
51 justice process, including what the victim may expect from the
52 system as well as what the system expects from the victim;
53 4. The stages in the criminal or juvenile justice process
54 which are of significance to the victim and the manner in which
55 information about such stages can be obtained;
56 5. The right of a victim, who is not incarcerated,
57 including the victim’s parent or guardian if the victim is a
58 minor, the lawful representative of the victim or of the
59 victim’s parent or guardian if the victim is a minor, and the
60 next of kin of a homicide victim, upon request, to be informed,
61 to be present, and to be heard when relevant, at all crucial
62 stages of a criminal or juvenile proceeding, to the extent that
63 this right does not interfere with constitutional rights of the
64 accused, as provided by s. 16(b), Art. I of the State
65 Constitution;
66 6. In the case of incarcerated victims, the right, upon
67 request, to be informed and to submit written statements at all
68 crucial stages of the criminal proceedings, parole proceedings,
69 or juvenile proceedings; and
70 7. The right of a victim to a prompt and timely disposition
71 of the case in order to minimize the period during which the
72 victim must endure the responsibilities and stress involved; and
73 8. The right of a victim to employ private counsel. The
74 Florida Bar is encouraged to develop a registry of attorneys who
75 are willing to serve on a pro bono basis as advocates for crime
76 victims to the extent that this right does not interfere with
77 the constitutional rights of the accused.
78 Section 2. Subsection (2) of section 960.0021, Florida
79 Statutes, is amended to read:
80 960.0021 Legislative intent; advisement to victims.—
81 (2) The courts may fulfill their obligation to advise crime
82 victims by:
83 (a) Making the following announcement at any arraignment,
84 sentencing, or case-management proceeding:
85
86 “If you are the victim of a crime with a case pending
87 before this court, you are advised that you have the
88 right, upon request:
89 1. To be informed.
90 2. To be present.
91 3. To be heard, when relevant, at all crucial
92 stages of criminal proceedings to the extent that
93 these rights do not interfere with the constitutional
94 rights of the accused.
95 4. To receive advance notification, when
96 possible, of judicial proceedings and notification of
97 scheduling changes, pursuant to section 960.001,
98 Florida Statutes.
99 5. To seek crimes compensation and restitution.
100 6. To consult with the state attorney’s office in
101 certain felony cases regarding the disposition of the
102 case.
103 7. To make an oral or written victim impact
104 statement at the time of sentencing of a defendant.
105
106 For further information regarding additional rights
107 afforded to victims of crime, you may contact the
108 state attorney’s office or obtain a listing of your
109 rights from the Clerk of Court.”
110 ; or
111 (b) Displaying prominently on the courtroom doors posters
112 giving notification of the existence and general provisions of
113 this chapter. The Department of Legal Affairs shall provide the
114 courts with the posters specified by this paragraph.
115 Section 3. Subsection (1) of section 985.036, Florida
116 Statutes, is amended to read:
117 985.036 Rights of victims; juvenile proceedings.—
118 (1) Nothing in this chapter prohibits:
119 (a) The victim of the offense;
120 (b) The victim’s parent or guardian if the victim is a
121 minor;
122 (c) The lawful representative of the victim or of the
123 victim’s parent or guardian if the victim is a minor; or
124 (d) The next of kin if the victim is a homicide victim,
125
126 from the right, upon request, to be informed of, to be present
127 during, and to be heard when relevant at, all crucial stages of
128 the proceedings involving the juvenile offender, to the extent
129 that such rights do not interfere with the constitutional rights
130 of the juvenile offender. A person enumerated in this section
131 may not reveal to any outside party any confidential information
132 obtained under this subsection regarding a case involving a
133 juvenile offense, except as is reasonably necessary to pursue
134 legal remedies.
135 Section 4. This act shall take effect July 1, 2022.
