Senate Bill 1328 (2021) — Vulnerable victims and witnesses
SB 1328
Florida Bills
Florida Senate - 2021 SB 1328 By Senator Book 32-01571-21 20211328__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to vulnerable victims and witnesses; 2 amending s. 92.55, F.S.; revising the standard for 3 orders to protect certain testifying victims and 4 witnesses; prohibiting depositions of certain victims 5 and witnesses in certain proceedings without a showing 6 of good cause; authorizing the court to allow such 7 depositions under certain circumstances; revising 8 factors to be considered by a court in a motion 9 seeking to protect a victim or witness; revising 10 provisions related to available relief; requiring the 11 court to appoint a guardian ad litem or other advocate 12 for the deponent under certain circumstances; 13 authorizing the court to request the aid of an 14 interpreter; requiring the court to make specific 15 findings of fact on the record for certain orders and 16 rulings; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20
Section
Section 92.55, Florida Statutes, is amended to 21 read: 22 92.55 Judicial or other proceedings involving certain 23 victims and witnesses victim or witness under the age of 18, a 24 person who has an intellectual disability, or a sexual offense 25 victim or witness; special protections; use of therapy animals 26 or facility dogs.— 27
(1) For purposes of this section, the term: 28 (c)(a) “Sexual offense victim or witness” means a person 29
Florida Senate - 2021 SB 1328 32-01571-21 20211328__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. who was under the age of 18 when he or she was the victim of or 30 a witness to a sexual offense. 31 (a) “Facility dog” means a dog that has been trained, 32 evaluated, and certified as a facility dog pursuant to industry 33 standards and provides unobtrusive emotional support to children 34 and adults in facility settings. 35 (b) “Sexual offense” means any offense specified in s. 36 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 37 (d) “Therapy animal” means an animal that has been trained, 38 evaluated, and certified as a therapy animal pursuant to 39 industry standards by an organization that certifies animals as 40 appropriate to provide animal therapy. 41
(2) Upon motion of any party;, upon motion of a parent, 42 guardian, attorney, guardian ad litem, or other advocate 43 appointed by the court under s. 914.17 for a victim or witness 44 under the age of 18, a person who has an intellectual 45 disability, or a sexual offense victim or witness;, or upon its 46 own motion, the court may enter any order necessary to protect 47 the person victim or witness in any judicial proceeding or other 48 official proceeding from moderate or severe emotional or mental 49 harm due to the presence of the defendant if the victim or 50 witness is required to testify in open court.
Such orders must 51 relate to the taking of testimony and include, but are not 52 limited to: 53 (
a) Interviewing or the taking of depositions as part of a 54 civil or criminal proceeding. 55 (
b) Examination and cross-examination for the purpose of 56 qualifying as a witness or testifying in any proceeding. 57 (
c) The use of testimony taken outside of the courtroom, 58
Florida Senate - 2021 SB 1328 32-01571-21 20211328__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. including proceedings under ss. 92.53 and 92.54. 59 (3)(
a) Depositions are not permitted, except upon a showing 60 of good cause, of victims or witnesses younger than the age of 61 18, persons who have intellectual disabilities, or sexual 62 offense victims in judicial proceedings or other official 63 proceedings involving any of the following: 64 1. Murder under s. 782.04. 65 2. Manslaughter under s. 782.07. 66 3. Sexual battery under s. 794.011. 67 4. Lewd or lascivious offenses under s. 800.04. 68 5. Computer pornography under s. 847.0135 or the 69 transmission of pornography by electronic device or equipment 70 under s. 847.0137. 71 6.
Human trafficking under s. 787.06. 72 7. Kidnapping under s. 787.01. 73 8. False imprisonment under s. 787.02. 74 9. Aggravated cyberstalking under s. 784.048. 75 10. Child abuse or neglect of a child under s. 827.03. 76 11. Use of a child in a sexual performance under s. 77 827.071. 78 12. Any offense constituting domestic violence, as defined 79 in s. 741.28. 80 13. Abuse, abandonment, or neglect of children under 81
chapter 39 or
chapter 827. 82 (
b) Upon written motion and written findings that a 83 deposition is necessary to assist a trial, that the evidence 84 sought is not reasonably available by any other means, and that 85 the probative value of the testimony outweighs the potential 86 detriment to the person to be deposed, the court may authorize 87
Florida Senate - 2021 SB 1328 32-01571-21 20211328__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. the taking of a deposition and may order protections deemed 88 necessary, including those provided in this section. 89 (4)
(3) In ruling upon a the motion filed under this 90 section, the court may shall consider: 91 (
a) The age of the victim or witness. child, 92 (
b) The nature of the offense or act., 93 (
c) The complexity of the issues involved. 94 (
d) The relationship of the victim or witness child to the 95 parties in the case or to the defendant in a criminal action., 96 (
e) The degree of emotional or mental harm trauma that will 97 result to the child as a consequence of the examination, 98 interview, or testimony. defendant’s presence, and 99 (
f) The functional capacity of the victim or witness if he 100 or she has an intellectual disability. 101 (
g) The age of the sexual offense victim or witness when 102 the sexual offense occurred. 103 (
h) Any other fact that the court deems relevant.; 104 (
b) The age of the person who has an intellectual 105 disability, the functional capacity of such person, the nature 106 of the offenses or act, the relationship of the person to the 107 parties in the case or to the defendant in a criminal action, 108 the degree of emotional trauma that will result to the person as 109 a consequence of the defendant’s presence, and any other fact 110 that the court deems relevant; or 111 (c)The age of the sexual offense victim or witness when the 112 sexual offense occurred, the relationship of the sexual offense 113 victim or witness to the parties in the case or to the defendant 114 in a criminal action, the degree of emotional trauma that will 115 result to the sexual offense victim or witness as a consequence 116
Florida Senate - 2021 SB 1328 32-01571-21 20211328__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. of the defendant’s presence, and any other fact that the court 117 deems relevant. 118 (5)
(4) In addition to such other relief provided by law, 119 the court may enter orders it deems just and appropriate for the 120 protection of limiting the number of times that a child, a 121 person who has an intellectual disability, or a sexual offense 122 victim or witness, including limiting the number of times a 123 victim or witness may be interviewed, limiting the length and 124 scope of a deposition, requiring a deposition to be taken only 125 by written questions, requiring a deposition to be in the 126 presence of a trial judge or magistrate, sealing the tape or 127 transcript of a deposition until further order of the court, 128 allowing use of a therapy animal or facility dog prohibiting 129 depositions of the victim or witness, requiring the submission 130 of questions before the examination of the victim or witness, 131 setting the place and conditions for interviewing the victim or 132 witness or for conducting any other proceeding, or permitting or 133 prohibiting the attendance of any person at any proceeding.
The 134 court shall enter any order necessary to protect the rights of 135 all parties, including the defendant in any criminal action. 136
(6) Section 794.022 applies to depositions taken pursuant 137 to this section. If a deposition is taken pursuant to this 138 section, the court shall appoint a guardian ad litem or other 139 advocate pursuant to s. 914.17 to represent the deponent for the 140 purposes of the deposition if the deponent does not already have 141 counsel. 142
(7) The court, on its own motion or that of any party, may 143 request the aid of an interpreter, as provided in s. 90.606, to 144 aid the parties in formulating methods of questioning the person 145
Florida Senate - 2021 SB 1328 32-01571-21 20211328__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. who has an intellectual disability or the sexual offense victim 146 or witness and in interpreting the answers of the person who has 147 an intellectual disability or the sexual offense victim or 148 witness during proceedings conducted under this section. 149
(8) The court shall make specific findings of fact on the 150 record as to the basis for its orders and rulings under this 151 section. 152
(5) The court may set any other conditions it finds just 153 and appropriate when taking the testimony of a victim or witness 154 under the age of 18, a person who has an intellectual 155 disability, or a sexual offense victim or witness, including the 156 use of a therapy animal or facility dog, in any proceeding 157 involving a sexual offense or child abuse, abandonment, or 158 neglect. 159 (
a) When deciding whether to permit a victim or witness 160 under the age of 18, a person who has an intellectual 161 disability, or a sexual offense victim or witness to testify 162 with the assistance of a therapy animal or facility dog, the 163 court shall consider the age of the child victim or witness, the 164 age of the sexual offense victim or witness at the time the 165 sexual offense occurred, the interests of the child victim or 166 witness or sexual offense victim or witness, the rights of the 167 parties to the litigation, and any other relevant factor that 168 would facilitate the testimony by the victim or witness under 169 the age of 18, person who has an intellectual disability, or 170 sexual offense victim or witness. 171 (
b) For purposes of this subsection the term: 172 1. “Facility dog” means a dog that has been trained, 173 evaluated, and certified as a facility dog pursuant to industry 174
Florida Senate - 2021 SB 1328 32-01571-21 20211328__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. standards and provides unobtrusive emotional support to children 175 and adults in facility settings. 176 2. “Therapy animal” means an animal that has been trained, 177 evaluated, and certified as a therapy animal pursuant to 178 industry standards by an organization that certifies animals as 179 appropriate to provide animal therapy. 180