Senate Bill sb0268c1

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    Florida Senate - 2001                            CS for SB 268

    By the Committee on Criminal Justice and Senator Silver





    307-1460-01

  1                      A bill to be entitled

  2         An act relating to DNA testing and analysis;

  3         amending s. 943.325, F.S.; requiring the

  4         Department of Law Enforcement to add certain

  5         felony offenses in a scheduled order to the DNA

  6         data banks's enumerated offenses; requiring the

  7         Department of Corrections to test certain

  8         violent felons in addition to those enumerated

  9         in the statute before being released from

10         custody; providing effective dates.

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

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14         Section 1.  Subsection (1) of section 943.325, Florida

15  Statutes, is amended to read:

16         943.325  Blood specimen testing for DNA analysis.--

17         (1)(a)1.  Any person who is convicted or was previously

18  convicted in this state for any offense or attempted offense

19  defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s.

20  810.02, s. 812.133, or s. 812.135 and who is either:

21         a.1.  Still incarcerated, or

22         b.2.  No longer incarcerated but is within the confines

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

24  control, parole, conditional release, control release, or any

25  other court-ordered supervision,

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

28  Department of Law Enforcement designated testing facility as

29  directed by the department.

30         2.  The DNA data bank shall be expanded to include

31  these felony offenses on the following dates:

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    Florida Senate - 2001                            CS for SB 268
    307-1460-01




  1         a.  As of July 1, 2002, any person who is convicted or

  2  was previously convicted in this state for any offense or

  3  attempted offense defined in s. 812.13 or s. 812.131.

  4         b.  As of July 1, 2003, any person who is convicted or

  5  was previously convicted in this state for any offense or

  6  attempted offense defined in chapter 787 or s. 782.07.

  7         c.  As of July 1, 2004, any person who is convicted or

  8  was previously convicted in this state for any violent felony

  9  offense or attempted violent felony offense.

10         d.  As of July 1, 2005, any person who is convicted or

11  was previously convicted in this state for any felony offense.

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

13  person" shall include both juveniles and adults committed to

14  or under the supervision of the Department of Corrections, or

15  the Department of Juvenile Justice, or a private correctional

16  institution operated under contract pursuant to s. 944.105 or

17  s. 957.03 or committed to a county jail.

18         (c)  In addition to those persons designated in

19  paragraph (a), any person described in paragraph (b) who was

20  previously convicted in this state for any offense or

21  attempted offense defined in chapter 787, s. 782.07, s.

22  812.13, or s. 812.131 shall be required to submit, not less

23  than 45 days prior to his or her presumptive date of release

24  from such custody, two specimens of blood as directed by the

25  Department of Law Enforcement to a testing facility designated

26  by the department.

27         Section 2.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                            CS for SB 268
    307-1460-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 268

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  4  -     Provides that the term "any person" in s. 943.325(1)(b),
          F.S., includes those incarcerated in privately run
  5        prisons in addition to those incarcerated in the
          Department of Corrections, the Department of Juvenile
  6        Justice, and those committed to county and municipal
          detention facilities.
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    -     Provides a time table for expanding the FDLE DNA data
  8        bank to include additional violent felons, then all
          violent felons, then all convicted felons by the year
  9        2005.

10  -     Provides that persons now incarcerated for violations of
          s. 782.07, F.S., ch. 787, F.S., s. 812.13, F.S., and s.
11        812.131, F.S., and who are pending release, will be
          required to submit blood specimens to FDLE for analysis
12        not later than 45 days prior to release.

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