House Bill hb0735c1

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    Florida House of Representatives - 2001              CS/HB 735

        By the Committee on Crime Prevention, Corrections & Safety
    and Representative Gannon





  1                      A bill to be entitled

  2         An act relating to sex crimes; amending s.

  3         794.022, F.S.; providing for certain rules of

  4         evidence applicable to the criminal prosecution

  5         of the crime of sexual battery to apply in any

  6         civil action brought under the Florida Civil

  7         Rights Act involving the perpetration or

  8         alleged perpetration of such crime; amending

  9         ss. 794.011, 796.07, 800.04, 825.1025, 827.071,

10         and 847.001, F.S., relating to sexual battery,

11         prostitution, lewd or lascivious offenses,

12         sexual performance by a child, and obscene

13         literature and other material; defining the

14         terms "vaginal" and "vagina" for purposes of

15         laws defining certain prohibited sexual

16         activities; providing effective dates.

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

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20         Section 1.  Effective July 1, 2001, present paragraphs

21  (i) and (j) of subsection (1) of section 794.011, Florida

22  Statutes, are redesignated as paragraphs (j) and (k),

23  respectively, and a new paragraph (i) is added to said

24  subsection to read:

25         794.011  Sexual battery.--

26         (1)  As used in this chapter:

27         (i)  "Vaginal" or "vagina" refers to the internal or

28  external parts of the sexual organ of a female.

29         Section 2.  Section 794.022, Florida Statutes, is

30  amended to read:

31         794.022  Rules of evidence.--

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    Florida House of Representatives - 2001              CS/HB 735

    189-914-01






  1         (1)  The testimony of the victim need not be

  2  corroborated in a prosecution under s. 794.011.

  3         (2)  Specific instances of prior consensual sexual

  4  activity between the victim and any person other than the

  5  offender shall not be admitted into evidence in a prosecution

  6  under s. 794.011.  However, such evidence may be admitted if

  7  it is first established to the court in a proceeding in camera

  8  that such evidence may prove that the defendant was not the

  9  source of the semen, pregnancy, injury, or disease; or, when

10  consent by the victim is at issue, such evidence may be

11  admitted if it is first established to the court in a

12  proceeding in camera that such evidence tends to establish a

13  pattern of conduct or behavior on the part of the victim which

14  is so similar to the conduct or behavior in the case that it

15  is relevant to the issue of consent.

16         (3)  Notwithstanding any other provision of law,

17  reputation evidence relating to a victim's prior sexual

18  conduct or evidence presented for the purpose of showing that

19  manner of dress of the victim at the time of the offense

20  incited the sexual battery shall not be admitted into evidence

21  in a prosecution under s. 794.011.

22         (4)  When consent of the victim is a defense to

23  prosecution under s. 794.011, evidence of the victim's mental

24  incapacity or defect is admissible to prove that the consent

25  was not intelligent, knowing, or voluntary; and the court

26  shall instruct the jury accordingly.

27         (5)  An offender's use of a prophylactic device, or a

28  victim's request that an offender use a prophylactic device,

29  is not, by itself, relevant to either the issue of whether or

30  not the offense was committed or the issue of whether or not

31  the victim consented.

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    Florida House of Representatives - 2001              CS/HB 735

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  1         (6)  The rules of evidence provided in this section

  2  apply in any civil action brought under the Florida Civil

  3  Rights Act involving the perpetration or alleged perpetration

  4  of a violation of s. 794.011.

  5         Section 3.  Effective July 1, 2001, paragraph (e) is

  6  added to subsection (1) of section 796.07, Florida Statutes,

  7  to read:

  8         796.07  Prohibiting prostitution, etc.; evidence;

  9  penalties; definitions.--

10         (1)  As used in this section:

11         (e)  "Vaginal" or "vagina" refers to the internal or

12  external parts of the sexual organ of a female.

13         Section 4.  Effective July 1, 2001, paragraph (e) is

14  added to subsection (1) of section 800.04, Florida Statutes,

15  to read:

16         800.04  Lewd or lascivious offenses committed upon or

17  in the presence of persons less than 16 years of age.--

18         (1)  DEFINITIONS.--As used in this section:

19         (e)  "Vaginal" or "vagina" refers to the internal or

20  external parts of the sexual organ of a female.

21         Section 5.  Effective July 1, 2001, subsection (1) of

22  section 825.1025, Florida Statutes, is amended to read:

23         825.1025  Lewd or lascivious offenses committed upon or

24  in the presence of an elderly person or disabled adult.--

25         (1)  As used in this section, the term:

26         (a)  "Sexual activity" means the oral, anal, or vaginal

27  penetration by, or union with, the sexual organ of another or

28  the anal or vaginal penetration of another by any other

29  object; however, sexual activity does not include an act done

30  for a bona fide medical purpose.

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    Florida House of Representatives - 2001              CS/HB 735

    189-914-01






  1         (b)  "Vaginal" or "vagina" refers to the internal or

  2  external parts of the sexual organ of a female.

  3         Section 6.  Effective July 1, 2001, paragraph (j) is

  4  added to subsection (1) of section 827.071, Florida Statutes,

  5  to read:

  6         827.071  Sexual performance by a child; penalties.--

  7         (1)  As used in this section, the following definitions

  8  shall apply:

  9         (j)  "Vaginal" or "vagina" refers to the internal or

10  external parts of the sexual organ of a female.

11         Section 7.  Effective July 1, 2001, subsection (14) is

12  added to section 847.001, Florida Statutes, to read:

13         847.001  Definitions.--When used in this chapter:

14         (14)  "Vaginal" or "vagina" refers to the internal or

15  external parts of the sexual organ of a female.

16         Section 8.  Except as otherwise provided herein, this

17  act shall take effect upon becoming a law.

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