| 1 | Representative Brutus offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | On page 2, between lines 15 and 16, |
| 5 |
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| 6 | insert: |
| 7 | Section 1. A person convicted of a crime may at any time |
| 8 | petition the court for postsentencing DNA testing on physical |
| 9 | evidence collected in connection with the case. The court shall |
| 10 | order postsentencing DNA testing only if the convicted person |
| 11 | asserts under oath that he or she is innocent of the offense and |
| 12 | establishes that exculpatory results of the requested DNA |
| 13 | testing would create a reasonable probability that, if the test |
| 14 | results had been admitted at trial, the person would have been |
| 15 | acquitted or received a lesser sentence. If a petitioner was |
| 16 | convicted pursuant to a plea of guilty, to obtain an order for |
| 17 | DNA testing under this section, the petitioner must first |
| 18 | demonstrate to the court that there is a likelihood that the |
| 19 | plea was entered under circumstances that render it suspect or |
| 20 | the court finds that the interests of justice warrant the |
| 21 | requested testing. All government entities shall continue to |
| 22 | preserve physical evidence that may be subjected to |
| 23 | postsentencing DNA testing until the person convicted of the |
| 24 | crime is no longer incarcerated, on probation or parole, or |
| 25 | subject to registration as a sex offender. A motion to vacate a |
| 26 | conviction or sentence filed under Rule 3.850, Florida Rules of |
| 27 | Criminal Procedure, or a motion for postconviction or collateral |
| 28 | relief filed under Rule 3.851, Florida Rules of Criminal |
| 29 | Procedure, which is based on the results of DNA testing obtained |
| 30 | under this section shall be treated as raising a claim of newly |
| 31 | discovered evidence, and the time periods set forth in Rules |
| 32 | 3.850 and 3.851, Florida Rules of Criminal Procedure, shall |
| 33 | commence on the date that the written test results are provided |
| 34 | to the parties. |
| 35 |
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| 36 | ================= T I T L E A M E N D M E N T ================= |
| 37 | On page 1, lines 2 and 3, |
| 38 | remove: all of said lines |
| 39 |
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| 40 | and insert: |
| 41 | An act relating to wrongfully incarcerated persons; providing |
| 42 | conditions for postsentencing DNA testing; requiring government |
| 43 | entities to preserve certain evidence; providing for a motion to |
| 44 | vacate; creating s. 961.01, F.S.; |