Senate Bill 0838er

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





    ENROLLED

    2000 Legislature                         SB 838, 1st Engrossed



  1

  2         An act relating to DNA testing; amending s.

  3         943.325, F.S.; requiring certain persons

  4         convicted of burglary to submit blood specimens

  5         for DNA analysis; requiring persons on

  6         probation, community control, or other

  7         supervision for any offense who are required to

  8         provide blood samples to provide them even

  9         without a court order requiring it; providing

10         for enforcement; reenacting s. 810.02, F.S.,

11         relating to burglary; providing an effective

12         date.

13

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

15

16         Section 1.  Subsection (1) and paragraph (a) of

17  subsection (10) of section 943.325, Florida Statutes, are

18  amended and paragraph (f) is added to subsection (10) of that

19  section, to read:

20         943.325  Blood specimen testing for DNA analysis.--

21         (1)(a)  Any person who is convicted, or who was

22  previously convicted and is still incarcerated, in this state

23  for any offense or attempted offense defined in chapter 794,

24  chapter 800, s. 782.04, s. 784.045, s. 810.02, s. 812.133, or

25  s. 812.135, and who is either:

26         1.  Still incarcerated, or

27         2.  No longer incarcerated but is within the confines

28  of the legal state boundaries and is on probation, community

29  control, parole, conditional release, control release, or any

30  other court-ordered supervision,

31


                                  1

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




    ENROLLED

    2000 Legislature                         SB 838, 1st Engrossed



  1  shall be required to submit two specimens of blood to a

  2  Department of Law Enforcement designated testing facility as

  3  directed by the department.

  4         (b)  For the purpose of this section, the term "any

  5  person" shall include both juveniles and adults committed to

  6  or under the supervision of the Department of Corrections or

  7  the Department of Juvenile Justice or committed to a county

  8  jail.

  9         (10)(a)  The court shall include in the judgment of

10  conviction for an offense specified in this section, or a

11  finding that a person described in subsection (1) violated a

12  condition of probation, community control, or any other

13  court-ordered supervision, an order stating that blood

14  specimens are required to be drawn by the appropriate agency

15  in a manner consistent with this section and, unless the

16  convicted person lacks the ability to pay, the person shall

17  reimburse the appropriate agency for the cost of drawing and

18  transmitting the blood specimens to the Florida Department of

19  Law Enforcement. The reimbursement payment may be deducted

20  from any existing balance in the inmate's inmates's bank

21  account.  If the account balance is insufficient to cover the

22  cost of drawing and transmitting the blood specimens to the

23  Florida Department of Law Enforcement, 50 percent of each

24  deposit to the account must be withheld until the total amount

25  owed has been paid.  If the judgment places the convicted

26  person on probation, community control, or any other

27  court-ordered supervision, the court shall order the convicted

28  person to submit to the drawing of the blood specimens as a

29  condition of the probation, community control, or other

30  court-ordered supervision.  For the purposes of a person who

31  is on probation, community control, or any other court-ordered


                                  2

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




    ENROLLED

    2000 Legislature                         SB 838, 1st Engrossed



  1  supervision, the collection requirement must be based upon a

  2  court order, or as otherwise provided by the person in the

  3  absence of a court order.  If the judgment sentences the

  4  convicted person to time served, the court shall order the

  5  convicted person to submit to the drawing of the blood

  6  specimens as a condition of such sentence.

  7         (f)  If a judgment fails to order the convicted person

  8  to submit to the drawing of the blood specimens as mandated by

  9  this section, the state attorney may seek an amended order

10  from the sentencing court mandating the submission of blood

11  specimens in compliance with this section. As an alternative,

12  the department, a state attorney, the Department of

13  Corrections, or any law enforcement agency may seek a court

14  order to secure the blood specimens as authorized in

15  subsection (11).

16         Section 2.  Section 810.02, Florida Statutes, is

17  reenacted to read:

18         810.02  Burglary.--

19         (1)  "Burglary" means entering or remaining in a

20  dwelling, a structure, or a conveyance with the intent to

21  commit an offense therein, unless the premises are at the time

22  open to the public or the defendant is licensed or invited to

23  enter or remain.

24         (2)  Burglary is a felony of the first degree,

25  punishable by imprisonment for a term of years not exceeding

26  life imprisonment or as provided in s. 775.082, s. 775.083, or

27  s. 775.084, if, in the course of committing the offense, the

28  offender:

29         (a)  Makes an assault or battery upon any person; or

30

31


                                  3

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




    ENROLLED

    2000 Legislature                         SB 838, 1st Engrossed



  1         (b)  Is or becomes armed within the dwelling,

  2  structure, or conveyance, with explosives or a dangerous

  3  weapon; or

  4         (c)  Enters an occupied or unoccupied dwelling or

  5  structure, and:

  6         1.  Uses a motor vehicle as an instrumentality, other

  7  than merely as a getaway vehicle, to assist in committing the

  8  offense, and thereby damages the dwelling or structure; or

  9         2.  Causes damage to the dwelling or structure, or to

10  property within the dwelling or structure in excess of $1,000.

11         (3)  Burglary is a felony of the second degree,

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

13  775.084, if, in the course of committing the offense, the

14  offender does not make an assault or battery and is not and

15  does not become armed with a dangerous weapon or explosive,

16  and the offender enters or remains in a:

17         (a)  Dwelling, and there is another person in the

18  dwelling at the time the offender enters or remains;

19         (b)  Dwelling, and there is not another person in the

20  dwelling at the time the offender enters or remains;

21         (c)  Structure, and there is another person in the

22  structure at the time the offender enters or remains; or

23         (d)  Conveyance, and there is another person in the

24  conveyance at the time the offender enters or remains.

25         (4)  Burglary is a felony of the third degree,

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

27  775.084, if, in the course of committing the offense, the

28  offender does not make an assault or battery and is not and

29  does not become armed with a dangerous weapon or explosive,

30  and the offender enters or remains in a:

31


                                  4

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




    ENROLLED

    2000 Legislature                         SB 838, 1st Engrossed



  1         (a)  Structure, and there is not another person in the

  2  structure at the time the offender enters or remains; or

  3         (b)  Conveyance, and there is not another person in the

  4  conveyance at the time the offender enters or remains.

  5         Section 3.  This act shall take effect July 1, 2000.

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  5