| 
 | |||
| 1 | A bill to be entitled | ||
| 2 | An act relating to criminal liability for failure to | ||
| 3 | report a crime; creating s. 877.31, F.S.; creating the | ||
| 4 | "Nicholas Isaac Cordero Act"; requiring a person who knows | ||
| 5 | that a crime is being committed to report the crime to a | ||
| 6 | law enforcement officer, under specified circumstances, if | ||
| 7 | the crime exposes the victim to serious bodily injury | ||
| 8 | likely to cause death; providing penalties; providing | ||
| 9 | exceptions; providing an effective date. | ||
| 10 | |||
| 11 | Be It Enacted by the Legislature of the State of Florida: | ||
| 12 | |||
| 13 | Section 1. Section 877.31, Florida Statutes, is created to | ||
| 14 | read: | ||
| 15 | 877.31 Legal duty to report a crime exposing the victim to | ||
| 16 | serious bodily injury likely to cause death; penalties for | ||
| 17 | failure to report; exceptions.-- | ||
| 18 | (1) This section may be referred to by the popular name | ||
| 19 | the "Nicholas Isaac Cordero Act." | ||
| 20 | (2) A person who knows that a crime is being committed | ||
| 21 | which exposes the victim to serious bodily injury likely to | ||
| 22 | cause death must report the crime to a law enforcement officer | ||
| 23 | within 48 hours after the offense is committed to the extent | ||
| 24 | that the report can be made without danger to the person | ||
| 25 | reporting or to another person. Any person who violates this | ||
| 26 | subsection commits a misdemeanor of the second degree, | ||
| 27 | punishable as provided in s. 775.082 or s. 775.083. | ||
| 28 | (3) This section does not apply to a person who is: | ||
| 29 | (a) Prosecuted as a principal in the first degree or as an | ||
| 30 | accessory after the fact to an offense; | ||
| 31 | (b) Prosecuted for attempting, soliciting, or conspiring | ||
| 32 | to commit an offense, when the prosecuted offense occurred in | ||
| 33 | the course of the same criminal conduct, transaction, or episode | ||
| 34 | as the criminal offense that exposed the victim to serious | ||
| 35 | bodily injury; | ||
| 36 | (c) Related by blood or marriage to the principal or | ||
| 37 | victim of an episode that exposes the victim to serious bodily | ||
| 38 | injury; or | ||
| 39 | (d) A victim of serious bodily injury. | ||
| 40 | Section 2. This act shall take effect upon becoming a law. | ||