Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 488
       
       
       
       
       
       
                                Barcode 473310                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                
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       The Committee on Judiciary (Richter) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 469 and 470
    4  insert:
    5         Section 14. Section 92.55, Florida Statutes, is amended to
    6  read:
    7         92.55 Judicial or other proceedings involving victim or
    8  witness under the age of 16 or person with mental retardation;
    9  special protections; use of registered service or therapy
   10  animals.—
   11         (1) Upon motion of any party, upon motion of a parent,
   12  guardian, attorney, or guardian ad litem for a child under the
   13  age of 16 or person with mental retardation, or upon its own
   14  motion, the court may enter any order necessary to protect a
   15  child under the age of 16 or person with mental retardation who
   16  is a victim or witness in any judicial proceeding or other
   17  official proceeding from severe emotional or mental harm due to
   18  the presence of the defendant if the child or person with mental
   19  retardation is required to testify in open court. Such orders
   20  shall relate to the taking of testimony and shall include, but
   21  not be limited to:
   22         (a) Interviewing or the taking of depositions as part of a
   23  civil or criminal proceeding.
   24         (b) Examination and cross-examination for the purpose of
   25  qualifying as a witness or testifying in any proceeding.
   26         (c) The use of testimony taken outside of the courtroom,
   27  including proceedings under ss. 92.53 and 92.54.
   28         (2) In ruling upon the motion, the court shall take into
   29  consideration:
   30         (a) The age of the child, the nature of the offense or act,
   31  the relationship of the child to the parties in the case or to
   32  the defendant in a criminal action, the degree of emotional
   33  trauma that will result to the child as a consequence of the
   34  defendant’s presence, and any other fact that the court deems
   35  relevant; or
   36         (b) The age of the person with mental retardation, the
   37  functional capacity of the person with mental retardation, the
   38  nature of the offenses or act, the relationship of the person
   39  with mental retardation to the parties in the case or to the
   40  defendant in a criminal action, the degree of emotional trauma
   41  that will result to the person with mental retardation as a
   42  consequence of the defendant’s presence, and any other fact that
   43  the court deems relevant.
   44         (3) In addition to such other relief as is provided by law,
   45  the court may enter orders limiting the number of times that a
   46  child or person with mental retardation may be interviewed,
   47  prohibiting depositions of a child or person with mental
   48  retardation, requiring the submission of questions prior to
   49  examination of a child or person with mental retardation,
   50  setting the place and conditions for interviewing a child or
   51  person with mental retardation or for conducting any other
   52  proceeding, or permitting or prohibiting the attendance of any
   53  person at any proceeding. The court shall enter any order
   54  necessary to protect the rights of all parties, including the
   55  defendant in any criminal action.
   56         (4) The court may set any other conditions on the taking of
   57  testimony by children which it finds just and appropriate,
   58  including the use of a registered service or therapy animal.
   59  When deciding whether to permit a child to testify with the
   60  assistance of a registered service or therapy animal, the court
   61  shall take into consideration the age of the child, the
   62  interests of the child, the rights of the parties to the
   63  litigation, and any other relevant factor that would aid in the
   64  facilitation of testimony by the child. Each registered service
   65  or therapy animal shall be evaluated and registered according to
   66  national standards.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70  
   71         Delete line 59
   72  and insert:
   73         safety; amending s. 92.55, F.S.; authorizing a court
   74         to use registered service or therapy animals to aid
   75         children in giving testimony in legal proceedings when
   76         appropriate; requiring the court to consider certain
   77         factors before permitting such testimony; requiring
   78         that such registered service or therapy animals be
   79         evaluated and registered according to national
   80         standards; providing an effective date.