SB 772 — Protection of Victims and Witnesses

Florida Senate - 2022 CS for CS for SB 772 By the CommitteesCommittee on Rules;Children, Families, and Elder Affairs;

and Children,Senators Families,Diaz and ElderPerry Affairs;586-01951A-22 2022772c1 A bill to be entitled An act relating to the protection of victims and witnesses;

and Senators Diaz and Perry 595-02957B-22 2022772c2 A bill to be entitled An act relating to the protection of victims and witnesses;

replacing the term “sexual offense victim or witness” with “sexual offense victim”;

defining the term “sexual offense victim”;

PageSection 11. of 8 CODING:

Section 92.55, Florida Statutes, is amended to read:

Page 1 of 7 CODING:

Florida Senate - 2022 CS for CS for SB 772 595-02957B-22586-01951A-22 2022772c22022772c1 Section92.55 1.Judicial or other proceedings involving certain victims and witnesses victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness;

Section 92.55, Florida Statutes, is amended to read:

92.55 Judicial or other proceedings involving certain victims and witnesses victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness;

914.17 for a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim;victim or witness;, or upon its own motion, the court may enter any order necessary to protect the person victim or witness in any judicial proceeding or other official proceeding from moderate severe emotional or mental harm due to the presence of the defendant if the victim or witness is required to testify in open court.

orSuch witness,orders ormust upon its own motion, the court may enter any order necessary to protect the person victim or witness in any judicial proceeding or other official proceeding from moderate severe emotional or mental Page 2 of 87 CODING:

Florida Senate - 2022 CS for CS for SB 772 595-02957B-22586-01951A-22 2022772c22022772c1 harmrelate due to the presencetaking of thetestimony defendantand ifinclude, thebut victimare ornot witnesslimited isto: required to testify in open court.

Such orders must relate to the taking of testimony and include, but are not limited to:

(3)(a) Depositions are not allowed, except upon a showing of good cause, of victims or witnesses younger than the age of 18, persons who have intellectual disabilities, or sexual offense victims or witnesses in proceedings involving any of the following:

800.04 or s.

Page827.071. 3 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for CS for SB 772 595-02957B-22 2022772c2 827.071.

847.0135 or the transmissionPage 3 of pornography7 byCODING: electronic device or equipment under s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 772 586-01951A-22 2022772c1 transmission of pornography by electronic device or equipment under s.

(g) The age of the sexual offense victim or witness when the sexual offense occurred.

(b) The age of the person who has an intellectual disability, the functional capacity of such person, the nature of the offenses or act, the relationship of the person to the parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the person as Page 4 of 87 CODING:

Florida Senate - 2022 CS for CS for SB 772 595-02957B-22586-01951A-22 2022772c22022772c1 parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the person as a consequence of the defendant’s presence, and any other fact that the court deems relevant;

or (c)(c)The The age of the sexual offense victim or witness when the sexual offense occurred, the relationship of the sexual offense victim or witness to the parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the sexual offense victim or witness as a consequence of the defendant’s presence, and any other fact that the court deems relevant.

(5)(4) In addition to such other relief provided by law, the court may enter orders it deems just and appropriate for the protection of limiting the number of times that a child, a person who has an intellectual disability, or a sexual offense victim,victim or witness, including limiting the number of times a victim or witness may be interviewed, limiting the length and scope of a deposition, requiring a deposition to be taken only by written questions, requiring a deposition to be in the presence of a trial judge or magistrate, sealing the tape or transcript of a deposition until further order of the court, allowing use of a therapy animal or facility dog prohibiting depositions of the victim or witness, requiring the submission of questions before the examination of the victim or witness, setting the place and conditions for interviewing the victim or witness or for conducting any other proceeding, or permitting or prohibiting the attendance of any person at any proceeding.

Page(6) 5Section of794.022 8applies CODING:to depositions taken pursuant to this section.

If a deposition is taken pursuant to this Page 5 of 7 CODING:

Florida Senate - 2022 CS for CS for SB 772 595-02957B-22586-01951A-22 2022772c22022772c1 (6)section, Sectionthe 794.022court appliesmust toappoint depositionsa takenguardian ad litem or other advocate pursuant to thiss. section.

If a deposition is taken pursuant to this section, the court must appoint a guardian ad litem or other advocate pursuant to s.

90.606, to aid the parties in formulating methods of questioning the child, the person who has an intellectual disability,disability or the sexual offense victim or witness and in interpreting his or her answers during proceedings conducted under this section.

(8) The court shall make specific findings of fact on the record as to the basis for its orders and rulings under this section.section (5) The court may set any other conditions it finds just and appropriate when taking the testimony of a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness, including the use of a therapy animal or facility dog, in any proceeding involving a sexual offense or child abuse, abandonment, or neglect.

(5)(a) TheWhen courtdeciding maywhether setto anypermit other conditions it finds just and appropriate when taking the testimony of a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness,witness includingto testify with the useassistance of a therapy animal or facility dog, inthe anycourt proceedingshall involvingconsider athe age of the child victim or witness, the age of the sexual offense victim or witness at the time the sexual offense occurred, the interests of the child abuse,victim abandonment,or witness or neglect.sexual offense victim or witness, the rights of the parties to the litigation, and any other relevant factor that Page 6 of 7 CODING:

(a) When deciding whether to permit a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness to testify with the assistance of a therapy animal or facility dog, the court shall consider the age of the child victim or witness, the age of the sexual offense victim or witness at the time the sexual offense occurred, the interests of the child victim or Page 6 of 8 CODING:

Florida Senate - 2022 CS for CS for SB 772 595-02957B-22586-01951A-22 2022772c22022772c1 witness or sexual offense victim or witness, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the victim or witness under the age of 18, person who has an intellectual disability, or sexual offense victim or witness.

The proposal must house the data repository within the University of South Florida’s Trafficking in Persons—RiskPersons-Risk to Resilience Research Lab and must outline the need for a unified data repository to serve as a portal to collect and analyze anonymous statewide human trafficking data, to inform statewide efforts to combat human trafficking, and to better serve victims of human trafficking.