Senate Bill sb1974c1

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    Florida Senate - 2002                           CS for SB 1974

    By the Committee on Criminal Justice; and Senator Crist





    307-1993-02

  1                      A bill to be entitled

  2         An act relating to crime victims; creating s.

  3         960.0021, F.S.; providing legislative findings;

  4         providing for an advisement from the court to

  5         the victim of a crime with respect to the

  6         rights of victims; providing that such

  7         advisement is only for the benefit of crime

  8         victims; providing that failure to provide such

  9         advisement shall not affect the validity of any

10         hearing, conviction, or sentence; providing

11         that the circuit court administrator will make

12         certain information available to the Clerk of

13         Court; providing an effective date.

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

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17         Section 1.  Section 960.0021, Florida Statutes, is

18  created to read:

19         960.0021  Legislative intent; advisement to

20  victims.--The Legislature finds that in order to ensure that

21  crime victims can effectively understand and exercise their

22  rights under s. 16, Art. I of the State Constitution, and to

23  promote law enforcement that considers the interests of crime

24  victims, victims must be properly advised in the courts of

25  this state. Any judge who presides over a criminal docket at

26  which accused persons are arraigned or sentenced, or when

27  cases are considered for case management, shall announce the

28  following advisement:

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    Florida Senate - 2002                           CS for SB 1974
    307-1993-02




  1         If you are the victim of a crime with a case

  2         pending before this court, you are advised that

  3         you have the right:

  4              (1)  To be informed.

  5              (2)  To be present.

  6              (3)  To be heard, when relevant, at all

  7         crucial stages of criminal proceedings to the

  8         extent that these rights do not interfere with

  9         the constitutional rights of the accused.

10              (4)  To receive advance notification, when

11         possible, of judicial proceedings and

12         notification of scheduling changes, pursuant to

13         section 960.001, Florida Statutes.

14              (5)  To seek crimes compensation and

15         restitution.

16              (6)  To consult with the state attorney's

17         office in certain felony cases regarding the

18         disposition of the case.

19              (7)  To make an oral or written

20         victim-impact statement at the time of

21         sentencing of a defendant.

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23         For further information regarding additional

24         rights afforded to victims of crime, you may

25         contact the state attorney's office or obtain a

26         listing of your rights from the Clerk of Court.

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28  The circuit court administrator shall provide victim's rights

29  information, as provided in s. 960.001(1)(o), to the Clerk of

30  the Court.

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    Florida Senate - 2002                           CS for SB 1974
    307-1993-02




  1  This section is only for the benefit of crime victims.

  2  Accordingly, a failure to comply with this section shall not

  3  affect the validity of any hearing, conviction, or sentence.

  4         Section 2.  This act shall take effect July 1, 2002.

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  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 1974

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  9  1.    Requires the circuit court administrator to provide the
          clerk of the court with victim rights information.
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    2.    Provides a statement that failure of the court to advise
11        a victim of his or her rights does not affect the
          validity of the sentence, conviction, or hearing.
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    3.    Changes the effective date to July 1, 2002 (was upon
13        becoming law).

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