Senate Bill sb1974c2

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    Florida Senate - 2002                    CS for CS for SB 1974

    By the Committees on Judiciary; Criminal Justice; and Senator
    Crist




    308-2220-02

  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 for the display of

  7         a poster containing information concerning the

  8         rights of crime victims; requiring the

  9         Department of Legal Affairs to provide such

10         posters to the courts; providing that such

11         advisement is only for the benefit of crime

12         victims; providing that failure to provide such

13         advisement shall not affect the validity of any

14         hearing, conviction, or sentence; providing

15         that the circuit court administrator will make

16         certain information available to the Clerk of

17         Court; providing an effective date.

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

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21         Section 1.  Section 960.0021, Florida Statutes, is

22  created to read:

23         960.0021  Legislative intent; advisement to victims.--

24         (1)  The Legislature finds that in order to ensure that

25  crime victims can effectively understand and exercise their

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

27  promote law enforcement that considers the interests of crime

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

29  this state.

30         (2)  The courts may fulfill their obligation to advise

31  crime victims by:

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    Florida Senate - 2002                    CS for CS for SB 1974
    308-2220-02




  1         (a)  Making the following announcement at any

  2  arraignment, sentencing, or case-management proceeding:

  3

  4         "If you are the victim of a crime with a case

  5         pending before this court, you are advised that

  6         you have the right:

  7              1.  To be informed.

  8              2.  To be present.

  9              3.  To be heard, when relevant, at all

10         crucial stages of criminal proceedings to the

11         extent that these rights do not interfere with

12         the constitutional rights of the accused.

13              4.  To receive advance notification, when

14         possible, of judicial proceedings and

15         notification of scheduling changes, pursuant to

16         section 960.001, Florida Statutes.

17              5.  To seek crimes compensation and

18         restitution.

19              6.  To consult with the state attorney's

20         office in certain felony cases regarding the

21         disposition of the case.

22              7.  To make an oral or written

23         victim-impact statement at the time of

24         sentencing of a defendant.

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26         For further information regarding additional

27         rights afforded to victims of crime, you may

28         contact the state attorney's office or obtain a

29         listing of your rights from the Clerk of

30         Court."

31  ; or

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    Florida Senate - 2002                    CS for CS for SB 1974
    308-2220-02




  1         (b)  Displaying prominently on the courtroom doors

  2  posters giving notification of the existence and general

  3  provisions of this chapter. The Department of Legal Affairs

  4  shall provide the courts with the posters specified by this

  5  paragraph.

  6         (3)  The circuit court administrator shall provide

  7  victim's rights information, as provided in s. 960.001(1)(o),

  8  to the Clerk of the Court.

  9         (4)  This section is only for the benefit of crime

10  victims. Accordingly, a failure to comply with this section

11  shall not affect the validity of any hearing, conviction, or

12  sentence.

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

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15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                     CS for Senate Bill 1974

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18  --    Amends the bill to give the courts the option of either
          orally advising crime victims of their statutory and
19        constitutional rights or displaying posters on the
          courtroom doors that inform crime victims of such
20        rights. The posters are to be provided by the Department
          of Legal Affairs.
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