Bill Text: FL S1328 | 2021 | Regular Session | Introduced
Bill Title: Vulnerable Victims and Witnesses
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2021-04-30 - Died in Judiciary [S1328 Detail]
Download: Florida-2021-S1328-Introduced.html
Florida Senate - 2021 SB 1328 By Senator Book 32-01571-21 20211328__ 1 A bill to be entitled 2 An act relating to vulnerable victims and witnesses; 3 amending s. 92.55, F.S.; revising the standard for 4 orders to protect certain testifying victims and 5 witnesses; prohibiting depositions of certain victims 6 and witnesses in certain proceedings without a showing 7 of good cause; authorizing the court to allow such 8 depositions under certain circumstances; revising 9 factors to be considered by a court in a motion 10 seeking to protect a victim or witness; revising 11 provisions related to available relief; requiring the 12 court to appoint a guardian ad litem or other advocate 13 for the deponent under certain circumstances; 14 authorizing the court to request the aid of an 15 interpreter; requiring the court to make specific 16 findings of fact on the record for certain orders and 17 rulings; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 92.55, Florida Statutes, is amended to 22 read: 23 92.55 Judicial or other proceedings involving certain 24 victims and witnessesvictim or witness under the age of 18, a25person who has an intellectual disability, or a sexual offense26victim or witness; special protections; use of therapy animals 27 or facility dogs.— 28 (1) For purposes of this section, the term: 29 (c)(a)“Sexual offense victim or witness” means a person 30 who was under the age of 18 when he or she was the victim of or 31 a witness to a sexual offense. 32 (a) “Facility dog” means a dog that has been trained, 33 evaluated, and certified as a facility dog pursuant to industry 34 standards and provides unobtrusive emotional support to children 35 and adults in facility settings. 36 (b) “Sexual offense” means any offense specified in s. 37 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 38 (d) “Therapy animal” means an animal that has been trained, 39 evaluated, and certified as a therapy animal pursuant to 40 industry standards by an organization that certifies animals as 41 appropriate to provide animal therapy. 42 (2) Upon motion of any party;,upon motion of a parent, 43 guardian, attorney, guardian ad litem, or other advocate 44 appointed by the courtunder s. 914.17for a victim or witness 45 under the age of 18, a person who has an intellectual 46 disability, or a sexual offense victim or witness;,or upon its 47 own motion, the court may enter any order necessary to protect 48 the personvictim or witnessin any judicial proceeding or other 49 official proceeding from moderate or severe emotional or mental 50 harmdue to the presence of the defendant if the victim or51witness is required to testify in open court. Such orders must 52 relate to the taking of testimony and include, but are not 53 limited to: 54 (a) Interviewing or the taking of depositions as part of a 55 civil or criminal proceeding. 56 (b) Examination and cross-examination for the purpose of 57 qualifying as a witness or testifying in any proceeding. 58 (c) The use of testimony taken outside of the courtroom, 59 including proceedings under ss. 92.53 and 92.54. 60 (3)(a) Depositions are not permitted, except upon a showing 61 of good cause, of victims or witnesses younger than the age of 62 18, persons who have intellectual disabilities, or sexual 63 offense victims in judicial proceedings or other official 64 proceedings involving any of the following: 65 1. Murder under s. 782.04. 66 2. Manslaughter under s. 782.07. 67 3. Sexual battery under s. 794.011. 68 4. Lewd or lascivious offenses under s. 800.04. 69 5. Computer pornography under s. 847.0135 or the 70 transmission of pornography by electronic device or equipment 71 under s. 847.0137. 72 6. Human trafficking under s. 787.06. 73 7. Kidnapping under s. 787.01. 74 8. False imprisonment under s. 787.02. 75 9. Aggravated cyberstalking under s. 784.048. 76 10. Child abuse or neglect of a child under s. 827.03. 77 11. Use of a child in a sexual performance under s. 78 827.071. 79 12. Any offense constituting domestic violence, as defined 80 in s. 741.28. 81 13. Abuse, abandonment, or neglect of children under 82 chapter 39 or chapter 827. 83 (b) Upon written motion and written findings that a 84 deposition is necessary to assist a trial, that the evidence 85 sought is not reasonably available by any other means, and that 86 the probative value of the testimony outweighs the potential 87 detriment to the person to be deposed, the court may authorize 88 the taking of a deposition and may order protections deemed 89 necessary, including those provided in this section. 90 (4)(3)In ruling upon athemotion filed under this 91 section, the court mayshallconsider: 92 (a) The age of the victim or witness.child,93 (b) The nature of the offense or act.,94 (c) The complexity of the issues involved. 95 (d) The relationship of the victim or witnesschildto the 96 parties in the case or to the defendant in a criminal action.,97 (e) The degree of emotional or mental harmtraumathat will 98 resultto the childas a consequence of the examination, 99 interview, or testimony.defendant’s presence, and100 (f) The functional capacity of the victim or witness if he 101 or she has an intellectual disability. 102 (g) The age of the sexual offense victim or witness when 103 the sexual offense occurred. 104 (h) Any other fact that the court deems relevant.;105(b)The age of the person who has an intellectual106disability, the functional capacity of such person, the nature107of the offenses or act, the relationship of the person to the108parties in the case or to the defendant in a criminal action,109the degree of emotional trauma that will result to the person as110a consequence of the defendant’s presence, and any other fact111that the court deems relevant; or112(c)The age of the sexual offense victim or witness when the113sexual offense occurred, the relationship of the sexual offense114victim or witness to the parties in the case or to the defendant115in a criminal action, the degree of emotional trauma that will116result to the sexual offense victim or witness as a consequence117of the defendant’s presence, and any other fact that the court118deems relevant.119 (5)(4)In addition to such other relief provided by law, 120 the court may enter orders it deems just and appropriate for the 121 protection oflimiting the number of times thata child, a 122 person who has an intellectual disability, or a sexual offense 123 victim or witness, including limiting the number of times a 124 victim or witness may be interviewed, limiting the length and 125 scope of a deposition, requiring a deposition to be taken only 126 by written questions, requiring a deposition to be in the 127 presence of a trial judge or magistrate, sealing the tape or 128 transcript of a deposition until further order of the court, 129 allowing use of a therapy animal or facility dogprohibiting130depositions of the victim or witness, requiring the submission 131 of questions before the examination of the victim or witness, 132 setting the place and conditions for interviewing the victim or 133 witness or for conducting any other proceeding, or permitting or 134 prohibiting the attendance of any person at any proceeding. The 135 court shall enter any order necessary to protect the rights of 136 all parties, including the defendant in any criminal action. 137 (6) Section 794.022 applies to depositions taken pursuant 138 to this section. If a deposition is taken pursuant to this 139 section, the court shall appoint a guardian ad litem or other 140 advocate pursuant to s. 914.17 to represent the deponent for the 141 purposes of the deposition if the deponent does not already have 142 counsel. 143 (7) The court, on its own motion or that of any party, may 144 request the aid of an interpreter, as provided in s. 90.606, to 145 aid the parties in formulating methods of questioning the person 146 who has an intellectual disability or the sexual offense victim 147 or witness and in interpreting the answers of the person who has 148 an intellectual disability or the sexual offense victim or 149 witness during proceedings conducted under this section. 150 (8) The court shall make specific findings of fact on the 151 record as to the basis for its orders and rulings under this 152 section. 153(5) The court may set any other conditions it finds just154and appropriate when taking the testimony of a victim or witness155under the age of 18, a person who has an intellectual156disability, or a sexual offense victim or witness, including the157use of a therapy animal or facility dog, in any proceeding158involving a sexual offense or child abuse, abandonment, or159neglect.160(a) When deciding whether to permit a victim or witness161under the age of 18, a person who has an intellectual162disability, or a sexual offense victim or witness to testify163with the assistance of a therapy animal or facility dog, the164court shall consider the age of the child victim or witness, the165age of the sexual offense victim or witness at the time the166sexual offense occurred, the interests of the child victim or167witness or sexual offense victim or witness, the rights of the168parties to the litigation, and any other relevant factor that169would facilitate the testimony by the victim or witness under170the age of 18, person who has an intellectual disability, or171sexual offense victim or witness.172(b) For purposes of this subsection the term:1731. “Facility dog” means a dog that has been trained,174evaluated, and certified as a facility dog pursuant to industry175standards and provides unobtrusive emotional support to children176and adults in facility settings.1772. “Therapy animal” means an animal that has been trained,178evaluated, and certified as a therapy animal pursuant to179industry standards by an organization that certifies animals as180appropriate to provide animal therapy.181 Section 2. This act shall take effect upon becoming a law.