Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1644
Barcode 576574
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2013 .
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The Committee on Judiciary (Gardiner) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete line 47
4 and insert:
5 Section 1. Paragraph (a) of subsection (23) of section
6 90.803, Florida Statutes, is amended to read:
7 90.803 Hearsay exceptions; availability of declarant
8 immaterial.—The provision of s. 90.802 to the contrary
9 notwithstanding, the following are not inadmissible as evidence,
10 even though the declarant is available as a witness:
11 (23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.—
12 (a) Unless the source of information or the method or
13 circumstances by which the statement is reported indicates a
14 lack of trustworthiness, an out-of-court statement made by a
15 child victim with a physical, mental, emotional, or
16 developmental age of 16 11 or less describing any act of child
17 abuse or neglect, any act of sexual abuse against a child, the
18 offense of child abuse, the offense of aggravated child abuse,
19 or any offense involving an unlawful sexual act, contact,
20 intrusion, or penetration performed in the presence of, with,
21 by, or on the declarant child, not otherwise admissible, is
22 admissible in evidence in any civil or criminal proceeding if:
23 1. The court finds in a hearing conducted outside the
24 presence of the jury that the time, content, and circumstances
25 of the statement provide sufficient safeguards of reliability.
26 In making its determination, the court may consider the mental
27 and physical age and maturity of the child, the nature and
28 duration of the abuse or offense, the relationship of the child
29 to the offender, the reliability of the assertion, the
30 reliability of the child victim, and any other factor deemed
31 appropriate; and
32 2. The child either:
33 a. Testifies; or
34 b. Is unavailable as a witness, provided that there is
35 other corroborative evidence of the abuse or offense.
36 Unavailability shall include a finding by the court that the
37 child’s participation in the trial or proceeding would result in
38 a substantial likelihood of severe emotional or mental harm, in
39 addition to findings pursuant to s. 90.804(1).
40
41 ================= T I T L E A M E N D M E N T ================
42 And the title is amended as follows:
43 Delete line 3
44 and insert:
45 amending s. 90.803, F.S.; revising the mental,
46 emotional, or developmental age of a child victim
47 whose out-of-court statement describing specified
48 criminal acts is admissible in evidence in certain
49 instances; creating s. 943.0583, F.S.; providing
50 definitions;