House Bill hb0147c1

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    Florida House of Representatives - 2001              CS/HB 147

        By the Council for Healthy Communities and Representatives
    Ball, Cantens, Weissman, Arza and Paul





  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 or nolo

  7         contendere may petition the trial court to

  8         order an examination of DNA evidence;

  9         specifying requirements for a motion to examine

10         DNA evidence; requiring that the court make

11         certain findings; providing that a defendant

12         waives any objection to the introduction of DNA

13         test results in any future proceeding;

14         providing for the defendant to appeal an order

15         denying a motion to examine DNA evidence;

16         providing certain time limitations; providing

17         an effective date.

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

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

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

23  who has entered a plea of guilty or nolo contendere to a crime

24  may petition the trial court to order the examination of

25  physical evidence collected at the time of the investigation

26  of the crime which may contain DNA (deoxyribonucleic acid)

27  that would exonerate the defendant.

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

29  under oath by the defendant and must include:

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

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

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    Florida House of Representatives - 2001              CS/HB 147

    404-103-01






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

  2  the evidence is presently located and how it was originally

  3  obtained;

  4         (b)  A statement that the physical evidence described

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

  6  that the results of any previous DNA testing were

  7  inconclusive;

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

  9  evidence will exonerate the defendant of the crime for which

10  the defendant was convicted;

11         (d)  A statement that identification of the defendant

12  was the issue in the case;

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

14  motion; and

15         (f)  Certification that the appropriate state attorney

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

17  evidence.

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

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

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

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

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

23  attorney to respond to the allegations contained in the motion

24  within a period fixed by the trial court.

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

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

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

28  whether:

29         1.  The physical evidence that may contain DNA still

30  exists;

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    Florida House of Representatives - 2001              CS/HB 147

    404-103-01






  1         2.  The results of DNA testing of that physical

  2  evidence would have been admissible at the trial and whether

  3  there exists reliable proof to establish that the evidence has

  4  not been materially altered and would be admissible at a

  5  future hearing; and

  6         3.  There exists a reasonable probability that the

  7  defendant would have been acquitted of the crime charged if

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

  9  excluded the defendant.

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

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

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

13  to pay for the testing.

14         (4)  By filing a motion under this section, the

15  defendant waives any objection to the introduction in any

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

17  the motion.

18         (5)(a)  An order of the trial court entered on a motion

19  to examine DNA evidence may be appealed to the appropriate

20  appellate court. The defendant may appeal an order denying

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

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

23  filed within 15 days following service of the order.

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

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

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

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

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

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