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FL S1328

Bill

Status

Failed

4/30/2021

Primary Sponsor

Lauren Book

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary2/24/2021

Full Bill Text

No bill text available