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FL S1208
Bill
Status
5/5/2023
Primary Sponsor
Criminal Justice
Click for details
AI Summary
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Prohibits defendants in criminal cases from depositing minors under age 18 who are victims of sexual offenses without a court showing of good cause.
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Prohibits defendants from depositing any person with an intellectual disability without a showing of good cause.
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Allows courts to authorize depositions upon written motion if the defendant demonstrates the deposition is necessary for trial, evidence is unavailable by other means, and probative value outweighs potential harm to the witness.
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Requires courts to consider eight specific factors when ruling on deposition motions, including the witness's age, maturity, the nature of the offense, relationship to defendant, potential psychological harm, and the witness's willingness to be deposed.
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Requires courts to make specific written findings of fact on the record explaining the basis for their ruling on deposition motions.
Legislative Description
Depositions of Witnesses in Criminal Proceedings
Last Action
Died in Judiciary, companion bill(s) passed, see CS/HB 667 (Ch. 2023-148)
5/5/2023