HB 1243

1
A bill to be entitled
2An act relating to protection of victims of sexual battery
3and lewd or lascivious offenses; creating s. 921.244,
4F.S.; requiring the court to prohibit certain offenders
5from having direct or indirect contact with their victims;
6authorizing the court to reconsider orders prohibiting
7such contact in certain circumstances; providing for an
8evidentiary hearing that includes psychiatric testimony;
9providing that it is a felony of the third degree to
10violate such order; providing penalties; amending s.
11784.048, F.S.; providing that it is a felony of the third
12degree to willfully, maliciously, and repeatedly follow,
13harass, or cyberstalk the victim in violation of such
14order; providing penalties; providing applicability;
15providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 921.244, Florida Statutes, is created
20to read:
21     921.244  Order of no contact; penalties.--
22     (1)  At the time of sentencing an offender for a violation
23of s. 794.011 or s. 800.04, the court shall order that the
24offender be prohibited from having any contact with the victim,
25directly or indirectly, including through a third person, for
26the duration of the sentence imposed. The court may reconsider
27such order upon the request of the victim if such request is
28made at any time after the victim has attained 18 years of age.
29In considering such request, the court shall conduct an
30evidentiary hearing to determine whether a change of
31circumstances has occurred that warrants a change in the court
32order prohibiting contact and whether it is in the best interest
33of the victim that the court order be modified or rescinded.
34Such evidentiary hearing shall include psychiatric testimony to
35determine whether the victim has overcome any psychological
36control or other control exercised over the victim by the
37offender.
38     (2)  Any offender who violates a court order issued
39pursuant to this section commits a felony of the third degree,
40punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
41     Section 2.  Subsection (7) is added to section 784.048,
42Florida Statutes, to read:
43     784.048  Stalking; definitions; penalties.--
44     (7)  Any person who, after having been sentenced for a
45violation of section 794.011 or s. 800.04, and prohibited from
46contacting the victim of the offense pursuant to s. 921.244,
47willfully, maliciously, and repeatedly follows, harasses, or
48cyberstalks such victim commits the offense of aggravated
49stalking, a felony of the third degree, punishable as provided
50in s. 775.082, s. 775.083, or s. 775.084.
51     Section 3.  This act shall take effect on July 1, 2004, and
52shall apply to offenses committed on or after that date.


CODING: Words stricken are deletions; words underlined are additions.