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FL S0134
Bill
Status
Introduced
1/9/2023
Primary Sponsor
Rosalind Osgood
Click for details
AI Summary
- Prohibits the deposition of victims aged 17 or younger in cases involving human trafficking (s. 787.06), sexual battery (s. 794.011), and lewd or lascivious offenses against persons under 16 (s. 800.04), unless parties agree or a court grants approval
- Courts may only approve such depositions upon finding the victim's testimony is necessary for trial, the evidence is not reasonably available by other means, and the probative value outweighs potential harm to the victim
- If a deposition is approved, the court must issue a protective order shielding the victim from emotional harm, embarrassment, and oppression, and must appoint an attorney to represent the victim; the defendant may not be physically present unless agreed upon or ordered for good cause
- Victims designated as "sensitive witnesses" may have both legal counsel and a victim advocate present at depositions, must be treated as a party at related hearings, and must be notified of these rights in any subpoena or deposition notice
- Self-represented defendants are prohibited from directly deposing the victim; the court must appoint counsel for the defendant for the purpose of conducting the deposition
Legislative Description
Deposing Victims of Certain Offenses
Last Action
Withdrawn prior to introduction
1/11/2023
Full Bill Text
No bill text available