Senate Bill 1316c1

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    Florida Senate - 2000                           CS for SB 1316

    By the Committee on Judiciary and Senator Brown-Waite





    308-1721-00

  1                      A bill to be entitled

  2         An act relating to the Florida Evidence Code;

  3         amending s. 90.404, F.S.; revising a provision

  4         of law governing character evidence to permit

  5         the admission of certain evidence of the

  6         defendant's commission of acts of child

  7         molestation under certain circumstances;

  8         providing a definition; providing an effective

  9         date.

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11         WHEREAS, the Legislature finds that in cases of child

12  sexual abuse, the credibility of the victim is frequently a

13  focal issue of the case, and

14         WHEREAS, the Legislature finds that evidence showing

15  that an accused child molester has molested children at other

16  times is relevant to corroborate the victim's testimony, and

17         WHEREAS, the Legislature finds that evidence showing

18  that an accused child molester has molested children at other

19  times has a probative value that outweighs its prejudicial

20  effect, NOW, THEREFORE,

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Subsection (2) of section 90.404, Florida

25  Statutes, is amended to read:

26         90.404  Character evidence; when admissible.--

27         (2)  OTHER CRIMES, WRONGS, OR ACTS.--

28         (a)  Similar fact evidence of other crimes, wrongs, or

29  acts is admissible when relevant to prove a material fact in

30  issue, including, but not limited to, such as proof of motive,

31  opportunity, intent, preparation, plan, knowledge, identity,

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    Florida Senate - 2000                           CS for SB 1316
    308-1721-00




  1  or absence of mistake or accident, but it is inadmissible when

  2  the evidence is relevant solely to prove bad character or

  3  propensity.

  4         (b)1.  In a criminal case in which the defendant is

  5  charged with a crime involving child molestation, evidence of

  6  the defendant's commission of other acts of child molestation

  7  is admissible, and may be considered for its bearing on any

  8  matter to which it is relevant.

  9         2.  For the purposes of this paragraph, the term "child

10  molestation" means conduct proscribed by s. 794.011 or s.

11  800.04 when committed against a person 16 years of age or

12  younger.

13         (c)(b)1.  When the state in a criminal action intends

14  to offer evidence of other criminal offenses under paragraph

15  (a) or (b), no fewer than 10 days before trial, the state

16  shall furnish to the defendant or to the defendant's counsel

17  accused a written statement of the acts or offenses it intends

18  to offer, describing them with the particularity required of

19  an indictment or information.  No notice is required for

20  evidence of offenses used for impeachment or on rebuttal.

21         2.  When the evidence is admitted, the court shall, if

22  requested, charge the jury on the limited purpose for which

23  the evidence is received and is to be considered.  After the

24  close of the evidence, the jury shall be instructed on the

25  limited purpose for which the evidence was received and that

26  the defendant cannot be convicted for a charge not included in

27  the indictment or information.

28         Section 2.  This act shall take effect July 1, 2000.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1316
    308-1721-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1316

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  4  Reinstates the existing phrase "Similar fact" to paragraph (a)
    of subsection (2) of s. 90.404, F.S.
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    Deletes from the bill the provision stating that evidence of
  6  other acts of child molestation is admissible notwithstanding
    s. 90.403, F.S.
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