Florida Senate - 2022                             CS for SB 1012
       By the Committee on Judiciary; and Senators Burgess, Book, and
       590-02531-22                                          20221012c1
    1                        A bill to be entitled                      
    2         An act relating to victims of crimes; amending s.
    3         960.001, F.S.; requiring law enforcement personnel to
    4         ensure that crime victims are given information about
    5         specified rights, upon request, at all stages of
    6         criminal, parole, or juvenile proceedings; requiring
    7         law enforcement personnel to ensure that crime victims
    8         are given information about their right to employ
    9         private counsel; encouraging The Florida Bar to
   10         develop a registry of attorneys willing to serve on a
   11         pro bono basis as advocates for crime victims;
   12         amending ss. 960.0021 and 985.036, F.S.; conforming
   13         provisions to changes made by the act; providing an
   14         effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraph (a) of subsection (1) of section
   19  960.001, Florida Statutes, is amended to read:
   20         960.001 Guidelines for fair treatment of victims and
   21  witnesses in the criminal justice and juvenile justice systems.—
   22         (1) The Department of Legal Affairs, the state attorneys,
   23  the Department of Corrections, the Department of Juvenile
   24  Justice, the Florida Commission on Offender Review, the State
   25  Courts Administrator and circuit court administrators, the
   26  Department of Law Enforcement, and every sheriff’s department,
   27  police department, or other law enforcement agency as defined in
   28  s. 943.10(4) shall develop and implement guidelines for the use
   29  of their respective agencies, which guidelines are consistent
   30  with the purposes of this act and s. 16(b), Art. I of the State
   31  Constitution and are designed to implement s. 16(b), Art. I of
   32  the State Constitution and to achieve the following objectives:
   33         (a) Information concerning services available to victims of
   34  adult and juvenile crime.—As provided in s. 27.0065, state
   35  attorneys and public defenders shall gather information
   36  regarding the following services in the geographic boundaries of
   37  their respective circuits and shall provide such information to
   38  each law enforcement agency with jurisdiction within such
   39  geographic boundaries. Law enforcement personnel shall ensure,
   40  through distribution of a victim’s rights information card or
   41  brochure at the crime scene, during the criminal investigation,
   42  and in any other appropriate manner, that victims are given, as
   43  a matter of course at the earliest possible time, information
   44  about:
   45         1. The availability of crime victim compensation, if
   46  applicable;
   47         2. Crisis intervention services, supportive or bereavement
   48  counseling, social service support referrals, and community
   49  based victim treatment programs;
   50         3. The role of the victim in the criminal or juvenile
   51  justice process, including what the victim may expect from the
   52  system as well as what the system expects from the victim;
   53         4. The stages in the criminal or juvenile justice process
   54  which are of significance to the victim and the manner in which
   55  information about such stages can be obtained;
   56         5. The right of a victim, who is not incarcerated,
   57  including the victim’s parent or guardian if the victim is a
   58  minor, the lawful representative of the victim or of the
   59  victim’s parent or guardian if the victim is a minor, and the
   60  next of kin of a homicide victim, upon request, to be informed,
   61  to be present, and to be heard when relevant, at all crucial
   62  stages of a criminal or juvenile proceeding, to the extent that
   63  this right does not interfere with constitutional rights of the
   64  accused, as provided by s. 16(b), Art. I of the State
   65  Constitution;
   66         6. In the case of incarcerated victims, the right, upon
   67  request, to be informed and to submit written statements at all
   68  crucial stages of the criminal proceedings, parole proceedings,
   69  or juvenile proceedings; and
   70         7. The right of a victim to a prompt and timely disposition
   71  of the case in order to minimize the period during which the
   72  victim must endure the responsibilities and stress involved; and
   73         8. The right of a victim to employ private counsel. The
   74  Florida Bar is encouraged to develop a registry of attorneys who
   75  are willing to serve on a pro bono basis as advocates for crime
   76  victims to the extent that this right does not interfere with
   77  the constitutional rights of the accused.
   78         Section 2. Subsection (2) of section 960.0021, Florida
   79  Statutes, is amended to read:
   80         960.0021 Legislative intent; advisement to victims.—
   81         (2) The courts may fulfill their obligation to advise crime
   82  victims by:
   83         (a) Making the following announcement at any arraignment,
   84  sentencing, or case-management proceeding:
   86         “If you are the victim of a crime with a case pending
   87         before this court, you are advised that you have the
   88         right, upon request:
   89         1. To be informed.
   90         2. To be present.
   91         3. To be heard, when relevant, at all crucial
   92         stages of criminal proceedings to the extent that
   93         these rights do not interfere with the constitutional
   94         rights of the accused.
   95         4. To receive advance notification, when
   96         possible, of judicial proceedings and notification of
   97         scheduling changes, pursuant to section 960.001,
   98         Florida Statutes.
   99         5. To seek crimes compensation and restitution.
  100         6. To consult with the state attorney’s office in
  101         certain felony cases regarding the disposition of the
  102         case.
  103         7. To make an oral or written victim impact
  104         statement at the time of sentencing of a defendant.
  106         For further information regarding additional rights
  107         afforded to victims of crime, you may contact the
  108         state attorney’s office or obtain a listing of your
  109         rights from the Clerk of Court.”
  110         ; or
  111         (b) Displaying prominently on the courtroom doors posters
  112  giving notification of the existence and general provisions of
  113  this chapter. The Department of Legal Affairs shall provide the
  114  courts with the posters specified by this paragraph.
  115         Section 3. Subsection (1) of section 985.036, Florida
  116  Statutes, is amended to read:
  117         985.036 Rights of victims; juvenile proceedings.—
  118         (1) Nothing in this chapter prohibits:
  119         (a) The victim of the offense;
  120         (b) The victim’s parent or guardian if the victim is a
  121  minor;
  122         (c) The lawful representative of the victim or of the
  123  victim’s parent or guardian if the victim is a minor; or
  124         (d) The next of kin if the victim is a homicide victim,
  126  from the right, upon request, to be informed of, to be present
  127  during, and to be heard when relevant at, all crucial stages of
  128  the proceedings involving the juvenile offender, to the extent
  129  that such rights do not interfere with the constitutional rights
  130  of the juvenile offender. A person enumerated in this section
  131  may not reveal to any outside party any confidential information
  132  obtained under this subsection regarding a case involving a
  133  juvenile offense, except as is reasonably necessary to pursue
  134  legal remedies.
  135         Section 4. This act shall take effect July 1, 2022.