Senate Bill sb1974er

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    2002 Legislature          CS for CS for SB 1974, 1st Engrossed



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  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 shall work

16         in coordination with the clerk of the court;

17         amending s. 960.001, F.S.; requiring the clerk

18         of the court to make available certain

19         information regarding enforcing liens and

20         judgments; providing an effective date.

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

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24         Section 1.  Section 960.0021, Florida Statutes, is

25  created to read:

26         960.0021  Legislative intent; advisement to victims.--

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

28  crime victims can effectively understand and exercise their

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

30  promote law enforcement that considers the interests of crime

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    2002 Legislature          CS for CS for SB 1974, 1st Engrossed



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

  2  this state.

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

  4  crime victims by:

  5         (a)  Making the following announcement at any

  6  arraignment, sentencing, or case-management proceeding:

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

  9         pending before this court, you are advised that

10         you have the right:

11              1.  To be informed.

12              2.  To be present.

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

14         crucial stages of criminal proceedings to the

15         extent that these rights do not interfere with

16         the constitutional rights of the accused.

17              4.  To receive advance notification, when

18         possible, of judicial proceedings and

19         notification of scheduling changes, pursuant to

20         section 960.001, Florida Statutes.

21              5.  To seek crimes compensation and

22         restitution.

23              6.  To consult with the state attorney's

24         office in certain felony cases regarding the

25         disposition of the case.

26              7.  To make an oral or written

27         victim-impact statement at the time of

28         sentencing of a defendant.

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30         For further information regarding additional

31         rights afforded to victims of crime, you may


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    2002 Legislature          CS for CS for SB 1974, 1st Engrossed



  1         contact the state attorney's office or obtain a

  2         listing of your rights from the Clerk of

  3         Court."

  4  ; or

  5         (b)  Displaying prominently on the courtroom doors

  6  posters giving notification of the existence and general

  7  provisions of this chapter. The Department of Legal Affairs

  8  shall provide the courts with the posters specified by this

  9  paragraph.

10         (3)  The circuit court administrator shall coordinate

11  efforts to ensure that victim rights information, as

12  established in s. 960.001(1)(o), is provided to the clerk of

13  the court.

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

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

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

17  sentence.

18         Section 2.  Paragraph (j) of subsection (1) of section

19  960.001, Florida Statutes, is amended to read:

20         960.001  Guidelines for fair treatment of victims and

21  witnesses in the criminal justice and juvenile justice

22  systems.--

23         (1)  The Department of Legal Affairs, the state

24  attorneys, the Department of Corrections, the Department of

25  Juvenile Justice, the Parole Commission, the State Courts

26  Administrator and circuit court administrators, the Department

27  of Law Enforcement, and every sheriff's department, police

28  department, or other law enforcement agency as defined in s.

29  943.10(4) shall develop and implement guidelines for the use

30  of their respective agencies, which guidelines are consistent

31  with the purposes of this act and s. 16(b), Art. I of the


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  1  State Constitution and are designed to implement the

  2  provisions of s. 16(b), Art. I of the State Constitution and

  3  to achieve the following objectives:

  4         (j)  Notification of right to request restitution.--Law

  5  enforcement agencies and the state attorney shall inform the

  6  victim of the victim's right to request and receive

  7  restitution pursuant to s. 775.089 or s. 985.231(1)(a)1., and

  8  of the victim's rights of enforcement under ss. 775.089(6) and

  9  985.201 in the event an offender does not comply with a

10  restitution order. The state attorney shall seek the

11  assistance of the victim in the documentation of the victim's

12  losses for the purpose of requesting and receiving

13  restitution. In addition, the state attorney shall inform the

14  victim if and when restitution is ordered. If an order of

15  restitution is converted to a civil lien or civil judgment

16  against the defendant, the clerks shall make available at

17  their office, as well as on their website, information

18  provided by the Secretary of State, the court, or The Florida

19  Bar on enforcing the civil lien or judgment.

20         Section 3.  This act shall take effect July 1, 2002.

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