CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. P 96
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: 1/AD           .                                
             03/20/2018 03:31 PM       .                                

       Commissioner Cerio moved the following:
    1         CRC Amendment (with title amendment)
    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.
  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.