CRC - 2017 COMMISSIONER AMENDMENT
Proposal No. P 96
Ì350914#Î350914
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD .
03/20/2018 03:31 PM .
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Commissioner Cerio moved the following:
1 CRC Amendment (with title amendment)
2
3 Delete everything after the proposal clause
4 and insert:
5 Section 16 of Article I of the State Constitution is
6 amended to read:
7 ARTICLE I
8 DECLARATION OF RIGHTS
9 SECTION 16. Rights of accused and of victims.—
10 (a) In all criminal prosecutions the accused shall, upon
11 demand, be informed of the nature and cause of the accusation,
12 and shall be furnished a copy of the charges, and shall have the
13 right to have compulsory process for witnesses, to confront at
14 trial adverse witnesses, to be heard in person, by counsel or
15 both, and to have a speedy and public trial by impartial jury in
16 the county where the crime was committed. If the county is not
17 known, the indictment or information may charge venue in two or
18 more counties conjunctively and proof that the crime was
19 committed in that area shall be sufficient; but before pleading
20 the accused may elect in which of those counties the trial will
21 take place. Venue for prosecution of crimes committed beyond the
22 boundaries of the state shall be fixed by law.
23 (b) To preserve and protect the right of crime victims to
24 achieve justice, ensure a meaningful role throughout the
25 criminal and juvenile justice systems for crime victims, and
26 ensure that crime victims’ rights and interests are respected
27 and protected by law in a manner no less vigorous than
28 protections afforded to criminal defendants and juvenile
29 delinquents, every victim is entitled to the following rights,
30 beginning at the time of his or her victimization:
31 (1) The right to due process and to be treated with
32 fairness and respect for the victim’s dignity.
33 (2) The right to be free from intimidation, harassment, and
34 abuse.
35 (3) The right, within the judicial process, to be
36 reasonably protected from the accused and any person acting on
37 behalf of the accused. However, nothing contained herein is
38 intended to create a special relationship between the crime
39 victim and any law enforcement agency or office absent a special
40 relationship or duty as defined by Florida law.
41 (4) The right to have the safety and welfare of the victim
42 and the victim’s family considered when setting bail, including
43 setting pretrial release conditions that protect the safety and
44 welfare of the victim and the victim’s family.
45 (5) The right to prevent the disclosure of information or
46 records that could be used to locate or harass the victim or the
47 victim’s family, or which could disclose confidential or
48 privileged information of the victim.
49 (6) The right to privacy, which includes the right to
50 refuse an interview, deposition, or other discovery request by
51 the defense or anyone acting on behalf of the defendant and to
52 set reasonable conditions on the conduct of any such interaction
53 to which the victim consents.
54 (7) A victim shall have the following specific rights upon
55 request:
56 a. The right to reasonable, accurate, and timely notice of,
57 and to be present at, all public proceedings involving the
58 criminal conduct, including, but not limited to, trial, plea,
59 sentencing, or adjudication, even if the victim will be a
60 witness at the proceeding, notwithstanding any rule to the
61 contrary. A victim shall also be provided reasonable, accurate,
62 and timely notice of any release or escape of the defendant or
63 delinquent, and any proceeding during which a right of the
64 victim is implicated.
65 b. The right to be heard in any public proceeding involving
66 pretrial or other release from any form of legal constraint,
67 plea, sentencing, adjudication, or parole, and any proceeding
68 during which a right of the victim is implicated.
69 c. The right to confer with the prosecuting attorney
70 concerning any plea agreements, participation in pretrial
71 diversion programs, release, restitution, sentencing, or any
72 other disposition of the case.
73 d. The right to provide information regarding the impact of
74 the offender’s conduct on the victim and the victim’s family to
75 the individual responsible for conducting any presentence
76 investigation or compiling any presentence investigation report,
77 and to have any such information considered in any sentencing
78 recommendations submitted to the court.
79 e. The right to receive a copy of any presentence report,
80 and any other report or record relevant to the exercise of a
81 victim’s right, except for such portions made confidential or
82 exempt by law.
83 f. The right to be informed of the conviction, sentence,
84 adjudication, place and time of incarceration, or other
85 disposition of the convicted offender, any scheduled release
86 date of the offender, and the release of or the escape of the
87 offender from custody.
88 g. The right to be informed of all postconviction processes
89 and procedures, to participate in such processes and procedures,
90 to provide information to the release authority to be considered
91 before any release decision is made, and to be notified of any
92 release decision regarding the offender. The parole or early
93 release authority shall extend the right to be heard to any
94 person harmed by the offender.
95 h. The right to be informed of clemency and expungement
96 procedures, to provide information to the governor, the court,
97 any clemency board, and other authority in these procedures, and
98 to have that information considered before a clemency or
99 expungement decision is made; and to be notified of such
100 decision in advance of any release of the offender.
101 (8) The rights of the victim, as provided in subparagraph
102 (7)a., subparagraph (7)b., or subparagraph (7)c., that apply to
103 any first appearance proceeding are satisfied by a reasonable
104 attempt by the appropriate agency to notify the victim and
105 convey the victim’s views to the court.
106 (9) The right to the prompt return of the victim’s property
107 when no longer needed as evidence in the case.
108 (10) The right to full and timely restitution in every case
109 and from each convicted offender for all losses suffered, both
110 directly and indirectly, by the victim as a result of the
111 criminal conduct.
112 (11) The right to proceedings free from unreasonable delay,
113 and to a prompt and final conclusion of the case and any related
114 postjudgment proceedings.
115 a. The state attorney may file a good faith demand for a
116 speedy trial and the trial court shall hold a calendar call,
117 with notice, within fifteen days of the filing demand, to
118 schedule a trial to commence at a date at least five days but no
119 more than sixty days after the date of the calendar call unless
120 the trial judge enters an order with specific findings of fact
121 justifying a trial date more than sixty days after the calendar
122 call.
123 b. All state-level appeals and collateral attacks on any
124 judgment must be complete within two years from the date of
125 appeal in non-capital cases and five years in capital cases,
126 unless a court enters an order with specific findings as to why
127 the court was unable to comply with this subparagraph and the
128 circumstances causing the delay. Each year, the chief judge of
129 any district court of appeal or the chief justice of the supreme
130 court shall report on a case-by-case basis to the speaker of the
131 house of representatives and the president of the senate all
132 cases where the court entered an order regarding inability to
133 comply with this subparagraph. The legislature may enact
134 legislation to implement this subparagraph.
135 (12) The right to be informed of these rights, and to be
136 informed that victims can seek the advice of an attorney with
137 respect to their rights. This information shall be made
138 available to the general public and provided to all crime
139 victims in the form of a card, or other means that is intended
140 to effectively advise the victim of their rights under this
141 section.
142 (c) The victim, the retained attorney of the victim, a
143 lawful representative of the victim, or the office of the state
144 attorney upon request of the victim, may assert and seek
145 enforcement of the rights enumerated in this section and any
146 other right afforded to a victim by law in any trial or
147 appellate court, or before any other authority with jurisdiction
148 over the case, as a matter of right. The court or other
149 authority with jurisdiction shall act promptly on such a
150 request, affording a remedy by due course of law for the
151 violation of any right. The reasons for any decision regarding
152 the disposition of a victim’s right shall be clearly stated on
153 the record.
154 (d) The granting of these rights enumerated in this section
155 to victims may not be construed to deny or impair any other
156 rights possessed by victims. The provisions of this section
157 apply throughout criminal and juvenile justice processes are
158 self-executing and do not require implementing legislation. This
159 section may not be construed to create any cause of action for
160 damages against the state or a political subdivision of the
161 state, or any officer, employee, or agent of the state or its
162 political subdivisions.
163 (e) As used in this section, a “victim” is a person who
164 suffers direct or threatened physical, psychological, or
165 financial harm as a result of the commission or attempted
166 commission of a crime or delinquent act or against whom the
167 crime or delinquent act is committed. The term “victim” includes
168 the victim's lawful representative, the parent or guardian of a
169 minor, or the next of kin of a homicide victim, except upon a
170 showing that the interest of such individual would be in actual
171 or potential conflict with the interests of the victim. The term
172 “victim” does not include the accused. The terms “crime” and
173 “criminal” include delinquent acts and conduct Victims of crime
174 or their lawful representatives, including the next of kin of
175 homicide victims, are entitled to the right to be informed, to
176 be present, and to be heard when relevant, at all crucial stages
177 of criminal proceedings, to the extent that these rights do not
178 interfere with the constitutional rights of the accused.
179
180 ================= T I T L E A M E N D M E N T ================
181 And the title is amended as follows:
182 Delete everything before the proposal clause
183 and insert:
184 A proposal to amend
185 Section 16 of Article I of the State Constitution to
186 revise and establish additional rights of victims of
187 crimes.