Senate Bill sb2012er

    ENROLLED

    2001 Legislature                                CS for SB 2012



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  2         An act relating to character evidence; amending

  3         s. 90.404, F.S.; revising a provision of law

  4         governing character evidence to permit the

  5         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 which

15  shows that an accused child molester has molested children at

16  other times may be relevant to corroborate the victim's

17  testimony, and

18         WHEREAS, the Legislature finds that evidence which

19  shows that an accused child molester has molested children at

20  other times may have a probative value which outweighs its

21  prejudicial effect, NOW, THEREFORE,

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

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

26  Statutes, is amended to read:

27         90.404  Character evidence; when admissible.--

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

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

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

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


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




    ENROLLED

    2001 Legislature                                CS for SB 2012



  1  opportunity, intent, preparation, plan, knowledge, identity,

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

  3  the evidence is relevant solely to prove bad character or

  4  propensity.

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

  6  charged with a crime involving child molestation, evidence of

  7  the defendant's commission of other crimes, wrongs, or acts of

  8  child molestation is admissible, and may be considered for its

  9  bearing on any matter to which it is relevant.

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

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

12  800.04 when committed against a person 16 years of age or

13  younger.

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

15  to offer evidence of other criminal offenses under paragraph

16  (a) or paragraph (b), no fewer than 10 days before trial, the

17  state shall furnish to the defendant or to the defendant's

18  counsel accused a written statement of the acts or offenses it

19  intends to offer, describing them with the particularity

20  required of an indictment or information.  No notice is

21  required for evidence of offenses used for impeachment or on

22  rebuttal.

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

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

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

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

27  limited purpose for which the evidence was received and that

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

29  the indictment or information.

30         Section 2.  This act shall take effect July 1, 2001.

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