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Senate Bill 0226

Senate Bill sb0226er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2001 Legislature                         SB 226, 1st Engrossed



  1

  2         An act relating to prisons; creating the

  3         "Protection Against Sexual Violence in Florida

  4         Jails and Prisons Act"; amending s. 944.35,

  5         F.S.; requiring the Criminal Justice Standards

  6         and Training Commission to develop a course

  7         relating to sexual assault identification and

  8         prevention as part of the correctional-officer

  9         training program; creating s. 951.221, F.S.;

10         prohibiting sexual misconduct by employees of

11         county or municipal detention facilities;

12         providing for termination of employment under

13         certain circumstances; providing penalties;

14         providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  This act may be cited as the "Protection

19  Against Sexual Violence in Florida Jails and Prisons Act."

20         Section 2.  Paragraph (b) of subsection (3) and

21  subsection (4) of section 944.35, Florida Statutes, are

22  amended, and subsection (5) is added to that section, to read:

23         944.35  Authorized use of force; malicious battery and

24  sexual misconduct prohibited; reporting required; penalties.--

25         (3)

26         (b)1.  As used in this paragraph, the term "sexual

27  misconduct" means the oral, anal, or vaginal penetration by,

28  or union with, the sexual organ of another or the anal or

29  vaginal penetration of another by any other object, but does

30  not include an act done for a bona fide medical purpose or an

31


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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         SB 226, 1st Engrossed



  1  internal search conducted in the lawful performance of the

  2  employee's duty.

  3         2.  Any employee of the department who engages in

  4  sexual misconduct with an inmate or an offender supervised by

  5  the department in the community, without committing the crime

  6  of sexual battery, commits a felony of the third degree,

  7  punishable as provided in s. 775.082, s. 775.083, or s.

  8  775.084.

  9         3.  The consent of the inmate or offender supervised by

10  the department in the community to any act of sexual

11  misconduct may shall not be raised as a defense to a

12  prosecution under this paragraph.

13         4.  This paragraph does not apply to any employee of

14  the department who is legally married to an inmate or an

15  offender supervised by the department in the community, nor

16  does it apply to any employee who has no knowledge, and would

17  have no reason to believe, that the person with whom the

18  employee has engaged in sexual misconduct is an inmate or an

19  offender under community supervision of the department.

20         (4)(a)  Any employee required to report pursuant to

21  this section who knowingly or willfully fails to do so, or who

22  knowingly or willfully prevents another person from doing so,

23  commits a misdemeanor of the first degree, punishable as

24  provided in s. 775.082 or s. 775.083.

25         (b)  Any person who knowingly or willfully submits

26  inaccurate, incomplete, or untruthful information with regard

27  to reports required in this section commits a misdemeanor of

28  the first degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         (c)  Any person who knowingly or willfully coerces or

31  threatens any other person with the intent to alter either


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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                         SB 226, 1st Engrossed



  1  testimony or a written report regarding an incident where

  2  force was used or an incident of sexual misconduct commits a

  3  felony of the third degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.

  5

  6  As part of the correctional-officer training program, the

  7  Criminal Justice Standards and Training Commission shall

  8  develop course materials for inclusion in the appropriate

  9  required course specifically designed to explain the

10  parameters of this subsection and to teach sexual assault

11  identification and prevention methods and techniques.

12         Section 3.  Section 951.221, Florida Statutes, is

13  created to read:

14         951.221  Sexual activity between detention facility

15  employees and inmates; penalties.--

16         (1)  Any employee of a county or municipal detention

17  facility or of a private detention facility under contract

18  with a county commission who engages in sexual misconduct, as

19  defined in s. 944.35(3)(b)1., with an inmate or an offender

20  supervised by the facility without committing the crime of

21  sexual battery commits a felony of the third degree,

22  punishable as provided in s. 775.082, s. 775.083, or s.

23  775.084. The consent of an inmate to any act of sexual

24  misconduct may not be raised as a defense to prosecution under

25  this section.

26         (2)  Notwithstanding prosecution, any violation of this

27  section, as determined by the administrator of the facility,

28  constitutes sufficient cause for dismissal of the violator

29  from employment, and such person may not again be employed in

30  any capacity in connection with the correctional system.

31         Section 4.  This act shall take effect October 1, 2001.


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CODING: Words stricken are deletions; words underlined are additions.