Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1012
Ì506646<Î506646
LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Burgess) recommended the following:
1 Senate Amendment (with title amendment)
2
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:
30
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.
50
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,
70
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.
80
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.