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FL H1037
Bill
Status
2/22/2023
Primary Sponsor
Criminal Justice Subcommittee
Click for details
AI Summary
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Prohibits defendants in criminal cases from deposing victims under age 18 in sexual offense cases and persons with intellectual disabilities without a showing of good cause.
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Requires defendants seeking such depositions to file a written motion demonstrating the deposition is necessary for trial, evidence is unavailable through other means, and probative value outweighs potential harm to the person.
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Court may consider eight factors when ruling on motions, including the victim's age and maturity, offense nature and duration, defendant relationship, case complexity, potential psychological harm, functional capacity, witness willingness, and other relevant facts.
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Court must make specific written findings of fact on the record explaining the basis for its ruling on deposition motions.
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Becomes effective July 1, 2023.
Legislative Description
Depositions of Witnesses in Criminal Proceedings
Last Action
Died on Second Reading Calendar; companion bill(s) passed, see CS/HB 667 (Ch. 2023-148)
5/5/2023