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FL H1037

Bill

Status

Introduced

2/22/2023

Primary Sponsor

Criminal Justice Subcommittee

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Court must make specific written findings of fact on the record explaining the basis for its ruling on deposition motions.

  • 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

Committee Referrals

Judiciary3/31/2023
Criminal Justice Subcommittee2/28/2023

Full Bill Text

No bill text available