Bill Text: FL S1208 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Depositions of Witnesses in Criminal Proceedings

Spectrum: Bipartisan Bill

Status: (Failed) 2023-05-05 - Died in Judiciary, companion bill(s) passed, see CS/HB 667 (Ch. 2023-148) [S1208 Detail]

Download: Florida-2023-S1208-Introduced.html

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       Florida Senate - 2023                                    SB 1208
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00233B-23                                          20231208__
    1                        A bill to be entitled                      
    2         An act relating to depositions of witnesses in
    3         criminal proceedings; amending s. 92.55, F.S.;
    4         prohibiting the deposition of victims and certain
    5         witnesses in certain proceedings without a showing of
    6         good cause; providing for motions to depose witnesses;
    7         providing for factors to be considered in granting
    8         such motions; requiring written findings of fact in
    9         rulings on such motions; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (6) is added to section 92.55,
   14  Florida Statutes, to read:
   15         92.55 Judicial or other proceedings involving victim or
   16  witness under the age of 18, a person who has an intellectual
   17  disability, or a sexual offense victim or witness; special
   18  protections; use of therapy animals or facility dogs.—
   19         (6)(a) In any criminal action in which the defendant is
   20  charged with an offense described in this paragraph, or with any
   21  attempt, solicitation, or conspiracy to commit such offense,
   22  depositions are not allowed, absent a showing of good cause, of
   23  any victim or any witness younger than the age of 18, any person
   24  who has intellectual disabilities, or any person who is a victim
   25  or witness. The offenses are:
   26         1. Any offense constituting domestic violence as defined in
   27  s. 741.28.
   28         2. Aggravated cyberstalking under s. 784.048.
   29         3. Custody offenses under chapter 787.
   30         4. Human trafficking under s. 787.06.
   31         5. Human smuggling under s. 787.07.
   32         6. Sexual battery under s. 794.011.
   33         7. Lewd or lascivious offenses under s. 800.04.
   34         8. Child abuse or neglect of a child under s. 827.03.
   35         9. Promotion of or use of a child in a sexual performance
   36  under s. 827.071.
   37         10. Computer pornography, prohibited computer usage, or
   38  traveling to meet a minor under s. 847.0135, transmission of
   39  pornography by electronic device or equipment under s. 847.0137,
   40  or transmission of material harmful to a minor under s.
   41  847.0138.
   42         (b) Upon written motion that a deposition is necessary to
   43  assist at trial, that the evidence sought is not reasonably
   44  available by any other means, and that the probative value of
   45  the testimony outweighs the potential harm to the person to be
   46  deposed, the court may authorize the taking of a deposition and
   47  may order protections deemed necessary, including those provided
   48  in this subsection.
   49         (c) In ruling upon a motion filed under this subsection,
   50  the court may consider:
   51         1. The mental and physical age and maturity of the victim
   52  or witness.
   53         2. The nature and duration of the offense.
   54         3. The relationship of the victim or witness to the
   55  defendant.
   56         4. The complexity of the issues involved.
   57         5. Whether the victim or witness would suffer moderate
   58  psychological harm as a consequence of being compelled to
   59  testify at a deposition.
   60         6. The functional capacity of the victim or witness if he
   61  or she has an intellectual disability.
   62         7. The willingness of the victim or witness to testify at
   63  an examination, an interview, or a hearing.
   64         8. Any other fact that the court deems relevant.
   65         (d) A motion under this subsection may be filed by the
   66  victim, the witness, or the victim’s or witness’s attorney,
   67  parent, legal guardian, or guardian ad litem; the defendant or
   68  the defendant’s counsel in a criminal proceeding; or the
   69  prosecuting authority.
   70         (e) The court shall make specific written findings of fact,
   71  on the record, as to the basis for its ruling under this
   72  subsection.
   73         Section 2. This act shall take effect October 1, 2023.