Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1012
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Burgess) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 54 - 72
    4  and insert:
    5  next of kin of a homicide victim, upon request, to be informed,
    6  to be present, and to be heard when relevant, at all crucial
    7  stages of a criminal or juvenile proceeding, to the extent that
    8  this right does not interfere with constitutional rights of the
    9  accused, as provided by s. 16(b), Art. I of the State
   10  Constitution;
   11         6. In the case of incarcerated victims, the right, upon
   12  request, to be informed and to submit written statements at all
   13  crucial stages of the criminal proceedings, parole proceedings,
   14  or juvenile proceedings; and
   15         7. The right of a victim to a prompt and timely disposition
   16  of the case in order to minimize the period during which the
   17  victim must endure the responsibilities and stress involved; and
   18         8. The right of a victim to employ private counsel. The
   19  Florida Bar is encouraged to develop a registry of attorneys who
   20  are willing to serve on a pro bono basis as advocates for crime
   21  victims to the extent that this right does not interfere with
   22  the constitutional rights of the accused.
   23         Section 2. Subsection (2) of section 960.0021, Florida
   24  Statutes, is amended to read:
   25         960.0021 Legislative intent; advisement to victims.—
   26         (2) The courts may fulfill their obligation to advise crime
   27  victims by:
   28         (a) Making the following announcement at any arraignment,
   29  sentencing, or case-management proceeding:
   31         “If you are the victim of a crime with a case pending
   32         before this court, you are advised that you have the
   33         right, upon request:
   34         1. To be informed.
   35         2. To be present.
   36         3. To be heard, when relevant, at all crucial
   37         stages of criminal proceedings to the extent that
   38         these rights do not interfere with the constitutional
   39         rights of the accused.
   40         4. To receive advance notification, when
   41         possible, of judicial proceedings and notification of
   42         scheduling changes, pursuant to section 960.001,
   43         Florida Statutes.
   44         5. To seek crimes compensation and restitution.
   45         6. To consult with the state attorney’s office in
   46         certain felony cases regarding the disposition of the
   47         case.
   48         7. To make an oral or written victim impact
   49         statement at the time of sentencing of a defendant.
   51         For further information regarding additional rights
   52         afforded to victims of crime, you may contact the
   53         state attorney’s office or obtain a listing of your
   54         rights from the Clerk of Court.”
   55         ; or
   56         (b) Displaying prominently on the courtroom doors posters
   57  giving notification of the existence and general provisions of
   58  this chapter. The Department of Legal Affairs shall provide the
   59  courts with the posters specified by this paragraph.
   60         Section 3. Subsection (1) of section 985.036, Florida
   61  Statutes, is amended to read:
   62         985.036 Rights of victims; juvenile proceedings.—
   63         (1) Nothing in this chapter prohibits:
   64         (a) The victim of the offense;
   65         (b) The victim’s parent or guardian if the victim is a
   66  minor;
   67         (c) The lawful representative of the victim or of the
   68  victim’s parent or guardian if the victim is a minor; or
   69         (d) The next of kin if the victim is a homicide victim,
   71  from the right, upon request, to be informed of, to be present
   72  during, and to be heard when relevant at, all crucial stages of
   73  the proceedings involving the juvenile offender, to the extent
   74  that such rights do not interfere with the constitutional rights
   75  of the juvenile offender. A person enumerated in this section
   76  may not reveal to any outside party any confidential information
   77  obtained under this subsection regarding a case involving a
   78  juvenile offense, except as is reasonably necessary to pursue
   79  legal remedies.
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete lines 4 - 8
   84  and insert:
   85         ensure that crime victims are given information about
   86         specified rights, upon request, at all stages of
   87         criminal, parole, or juvenile proceedings; requiring
   88         law enforcement personnel to ensure that crime victims
   89         are given information about their right to employ
   90         private counsel; encouraging The Florida Bar to
   91         develop a registry of attorneys willing to serve on a
   92         pro bono basis as advocates for crime victims;
   93         amending ss. 960.0021 and 985.036, F.S.; conforming
   94         provisions to changes made by the act; providing an
   95         effective date.