Senate Bill sb1734c1
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Florida Senate - 2003 CS for SB 1734
By the Committee on Judiciary; and Senators Webster, Fasano
and Lynn
308-2122-03
1 A bill to be entitled
2 An act relating to time limitations for
3 prosecution of sexual battery; amending s.
4 775.15, F.S.; revising provisions with respect
5 to time limitations for the prosecution of a
6 first-degree felony offense of sexual battery
7 against a victim under the age of 18; providing
8 an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsections (1) and (7) of section 775.15,
13 Florida Statutes, are amended to read:
14 775.15 Time limitations.--
15 (1)(a) A prosecution for a capital felony, a life
16 felony, or a felony that resulted in a death may be commenced
17 at any time. A prosecution for a felony that resulted in
18 injury to any person, when such felony arises from the use of
19 a "destructive device," as defined in s. 790.001, may be
20 commenced within 10 years. If the death penalty is held to be
21 unconstitutional by the Florida Supreme Court or the United
22 States Supreme Court, all crimes designated as capital
23 felonies shall be considered life felonies for the purposes of
24 this section, and prosecution for such crimes may be commenced
25 at any time.
26 (b) Except as otherwise provided in subsection (7), a
27 prosecution for a first or second degree felony violation of
28 s. 794.011, if such crime is reported to a law enforcement
29 agency within 72 hours after commission of the crime, may be
30 commenced at any time. If such crime is not reported within 72
31 hours after the commission of the crime, the prosecution must
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Florida Senate - 2003 CS for SB 1734
308-2122-03
1 be commenced within the time periods prescribed in subsection
2 (2).
3 (c) A prosecution for perjury in an official
4 proceeding that relates to the prosecution of a capital felony
5 may be commenced at any time.
6 (7)(a) If the victim of a violation of s. 794.011,
7 former s. 794.05, Florida Statutes 1995, s. 800.04, or s.
8 826.04 is under the age of 18, the applicable period of
9 limitation, if any, does not begin to run until the victim has
10 reached the age of 18 or the violation is reported to a law
11 enforcement agency or other governmental agency, whichever
12 occurs earlier. Such law enforcement agency or other
13 governmental agency shall promptly report such allegation to
14 the state attorney for the judicial circuit in which the
15 alleged violation occurred. If the offense is a first or
16 second degree felony violation of s. 794.011, and the crime is
17 reported within 72 hours after its commission, paragraph
18 (1)(b) applies. This paragraph subsection applies to any such
19 offense except an offense the prosecution of which would have
20 been barred by subsection (2) on or before December 31, 1984.
21 (b) If the offense is a first-degree felony violation
22 of s. 794.011 and the victim is under the age of 18 at the
23 time of the offense, a prosecution of the offense may be
24 commenced at any time. This paragraph applies to any such
25 offense except an offense the prosecution of which would have
26 been barred by subsection (2) on or before October 1, 2003.
27 Section 2. This act shall take effect October 1, 2003.
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Florida Senate - 2003 CS for SB 1734
308-2122-03
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1734
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4 Clarifies that the removal of any statute of limitations
period for prosecution of first degree felony offenses of
5 sexual battery under s. 794.011, F.S., only applies to cases
involving victims who were under age 18 at the time of the
6 offenses.
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