House Bill hb0147

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    Florida House of Representatives - 2001                 HB 147

        By Representative Ball






  1                      A bill to be entitled

  2         An act relating to DNA evidence; providing for

  3         the examination of DNA evidence collected at

  4         the time a crime is investigated; providing a

  5         procedure under which a defendant who has been

  6         found guilty or who has pled guilty may

  7         petition the trial court to order an

  8         examination of DNA evidence; specifying

  9         requirements for a motion to examine DNA

10         evidence; requiring that the court make certain

11         findings; limiting the period within which a

12         defendant may file a motion to examine DNA

13         evidence; providing that a defendant waives any

14         objection to the introduction of DNA test

15         results in any future proceeding; providing for

16         the defendant to appeal an order denying a

17         motion to examine DNA evidence; providing

18         certain time limitations; providing an

19         effective date.

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

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23         Section 1.  Motion to examine DNA evidence.--

24         (1)  A person who has been tried and found guilty or

25  who has pled guilty may petition the trial court to order the

26  examination of physical evidence collected at the time of the

27  investigation of the crime which may contain DNA

28  (deoxyribonucleic acid) that would exonerate the defendant.

29         (2)  A motion to examine DNA evidence must be made

30  under oath by the defendant and must include:

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    Florida House of Representatives - 2001                 HB 147

    561-164-01






  1         (a)  A statement of the facts relied upon in support of

  2  the motion, which must include a description of the physical

  3  evidence to be tested which contains DNA and, if known, where

  4  the evidence is presently located and how it was originally

  5  obtained;

  6         (b)  A statement that the physical evidence described

  7  was not previously tested for DNA, or, if tested, a statement

  8  that the results of any previous DNA testing were

  9  inconclusive;

10         (c)  A statement that the defendant is innocent and DNA

11  evidence will exonerate the defendant of the crime for which

12  the defendant was convicted;

13         (d)  A statement that identification of the defendant

14  was the issue in the case;

15         (e)  Any other material facts that are relevant to the

16  motion; and

17         (f)  Certification that the appropriate state attorney

18  has been served with a copy of the motion to examine DNA

19  evidence.

20         (3)(a)  If, after reviewing the motion, the trial court

21  finds that the facts are insufficient to support the filing of

22  the motion, the court shall deny the motion on its face. If

23  the trial court finds that the facts are sufficient to support

24  the filing of the motion, the court shall order the state

25  attorney to respond to the allegations contained in the motion

26  within a period fixed by the trial court.

27         (b)  After reviewing the state attorney's answer, the

28  trial court shall rule on the motion or order a hearing.

29         (c)  In ruling on the motion, the trial court must find

30  whether:

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    Florida House of Representatives - 2001                 HB 147

    561-164-01






  1         1.  The physical evidence that may contain DNA still

  2  exists;

  3         2.  The results of DNA testing of that physical

  4  evidence would have been admissible at the trial and whether

  5  there exists reliable proof to establish that the evidence has

  6  not been materially altered and would be admissible at a

  7  future hearing; and

  8         3.  There exists a reasonable probability that the

  9  defendant would have been acquitted of the crime charged if

10  DNA test results had been admitted at trial and the results

11  excluded the defendant.

12         (d)  If the motion to examine DNA evidence is granted,

13  the court must find whether the defendant is able to pay the

14  cost of DNA testing. An indigent defendant may not be required

15  to pay for the testing.

16         (4)  A motion to examine DNA evidence may not be filed

17  or considered under this section after October 1, 2003, or at

18  any time more than 2 years after the date on which the

19  judgment and sentence in the case becomes final, whichever

20  occurs later.

21         (5)  By filing a motion under this section, the

22  defendant waives any objection to the introduction in any

23  future proceeding of DNA test results obtained as a result of

24  the motion.

25         (6)(a)  An order of the trial court entered on a motion

26  to examine DNA evidence may be appealed to the appropriate

27  appellate court. The defendant may appeal an order denying

28  relief within 30 days following rendition of the order. A

29  motion for a rehearing of an order denying relief must be

30  filed within 15 days following service of the order.

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    Florida House of Representatives - 2001                 HB 147

    561-164-01






  1         (b)  The order denying relief must include notice of

  2  the time limitations provided in this subsection. The clerk of

  3  the court shall promptly serve a copy of any order denying a

  4  motion and shall file a certificate of service with the court.

  5         Section 2.  This act shall take effect October 1, 2001.

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  8                          SENATE SUMMARY

  9    Provides a procedure under which a defendant who has been
      found guilty or who has pled guilty may petition the
10    trial court to order the examination of DNA evidence
      collected at the time of the investigation of the crime.
11    Requires that a defendant file such a motion by October
      1, 2003, or within 2 years after the date on which the
12    judgment and sentence in a case becomes final, whichever
      occurs later. Provides for the defendant to appeal an
13    order denying a motion to examine DNA evidence. (See bill
      for details.)
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