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FL S1328
Bill
AI Summary
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Broadens protections for vulnerable victims and witnesses in judicial proceedings, expanding beyond just those under 18 to include persons with intellectual disabilities and sexual offense victims of any age.
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Prohibits depositions of vulnerable victims and witnesses in cases involving serious crimes (murder, sexual battery, human trafficking, child abuse, domestic violence, and 8 other specified offenses) unless the court makes written findings that a deposition is necessary, the evidence is unavailable by other means, and probative value outweighs potential harm.
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Revises the standard for protective orders from "shall" to "may" consider factors, including the victim or witness's age, nature of offense, relationship to defendant, emotional or mental harm, and functional capacity if applicable.
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Expands available court-ordered protections to include limiting interview frequency, restricting deposition length and scope, requiring written-question-only depositions, sealing deposition records, and permitting use of therapy animals or facility dogs during testimony.
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Requires courts to appoint a guardian ad litem or advocate for deponents without counsel, authorize interpreters to aid questioning of vulnerable witnesses, and make specific findings of fact on the record supporting all orders and rulings under this section.
Legislative Description
Vulnerable Victims and Witnesses
Last Action
Died in Judiciary
4/30/2021