Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for SB 1816
Senate . House
Floor: WD .
03/07/2012 12:56 PM .
Senator Detert moved the following:
1 Senate Amendment (with title amendment)
3 Between lines 376 and 377
5 Section 6. Subsections (3) and (14) of section 960.03,
6 Florida Statutes, are amended to read:
7 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
8 960.01-960.28, unless the context otherwise requires, the term:
9 (3) “Crime” means:
10 (a) A felony or misdemeanor offense committed by
11 adult or a juvenile which results in physical injury or death or
12 a felony or misdemeanor offense of child abuse committed by an
13 adult or a juvenile against a person younger than 18 years of
14 age which resulted in a mental injury, as defined in s. 39.01,
15 but who was not physically injured by the criminal act. The
16 mental injury to the minor must be verified by a psychologist
17 licensed under chapter 490, by a physician licensed in this
18 state under chapter 458 or chapter 459 and who has completed an
19 accredited residency in psychiatry, or by a physician who has
20 obtained certification as an expert witness pursuant to s.
23 The term also includes a any such criminal act that which is
24 committed within this state but that which falls exclusively
25 within federal jurisdiction.
26 (b) A violation of s. 316.193, s. 316.027(1), s. 327.35(1),
27 s. 782.071(1)(b), or s. 860.13(1)(a) which results in physical
28 injury or death; however, an no other act involving the
29 operation of a motor vehicle, boat, or aircraft which results in
30 injury or death does not shall constitute a crime for the
31 purpose of this chapter unless the injury or death was
32 intentionally inflicted through the use of the such vehicle,
33 boat, or aircraft or unless such vehicle, boat, or aircraft is
34 an implement of a crime to which this act applies.
35 (c) A criminal act committed outside of this state against
36 a resident of this state which would have been compensable if it
37 had occurred in this state and which occurred in a jurisdiction
38 that does not have an eligible crime victim compensation program
39 as the term is defined in the federal Victims of Crime Act of
41 (d) A Any violation of s. 827.071, s. 847.0135, s.
42 847.0137, or s. 847.0138, related to online sexual exploitation
43 and child pornography.
44 (14) “Victim” means:
45 (a) A person who suffers personal physical injury or death
46 as a direct result of a crime;
47 (b) A person younger than 18 years of age who was present
48 at the scene of a crime, saw or heard the crime, and suffered a
49 psychiatric or psychological injury because of the crime , but
50 who was not physically injured; or
51 (c) A person younger than 18 years of age who was the
52 victim of a felony or misdemeanor offense of child abuse that
53 resulted in a mental injury as defined by s. 39.01 but who was
54 not physically injured; or
55 (d) (c) A person against whom a forcible felony was
56 committed and who suffers a psychiatric or psychological injury
57 as a direct result of that crime but who does not otherwise
58 sustain a personal physical injury or death.
61 ================= T I T L E A M E N D M E N T ================
62 And the title is amended as follows:
64 Delete line 34
65 and insert:
67 amending s. 960.03, F.S.; redefining the terms “crime”
68 and “victim;” amending s. 960.198, F.S.; providing for
69 denial of