Senate Bill sb1512

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1512

    By Senator Klein





    28-1018A-02                                         See HB 823

  1                      A bill to be entitled

  2         An act relating to sexual battery; amending s.

  3         775.15, F.S.; providing that prosecution for a

  4         sexual battery may be commenced at any time

  5         when a DNA record exists with respect to the

  6         felony and the record is properly maintained by

  7         the appropriate agency; providing definitions;

  8         providing an effective date.

  9

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

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12         Section 1.  Subsection (1) of section 775.15, Florida

13  Statutes, is amended to read:

14         775.15  Time limitations.--

15         (1)(a)  A prosecution for a capital felony, a life

16  felony, or a felony that resulted in a death may be commenced

17  at any time. A prosecution for a felony that resulted in

18  injury to any person, when such felony arises from the use of

19  a "destructive device," as defined in s. 790.001, may be

20  commenced within 10 years. If the death penalty is held to be

21  unconstitutional by the Florida Supreme Court or the United

22  States Supreme Court, all crimes designated as capital

23  felonies shall be considered life felonies for the purposes of

24  this section, and prosecution for such crimes may be commenced

25  at any time.

26         (b)  Except as otherwise provided in subsection (7), a

27  prosecution for a first or second degree felony violation of

28  s. 794.011, if such crime is reported to a law enforcement

29  agency within 72 hours after commission of the crime, may be

30  commenced at any time. If such crime is not reported within 72

31  hours after the commission of the crime, the prosecution must

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






    Florida Senate - 2002                                  SB 1512
    28-1018A-02                                         See HB 823




  1  be commenced within the time periods prescribed in subsection

  2  (2).

  3         (c)  A prosecution for perjury in an official

  4  proceeding that relates to the prosecution of a capital felony

  5  may be commenced at any time.

  6         (d)1.  A prosecution for sexual battery under s.

  7  794.011 may be commenced at any time when a DNA record exists

  8  in connection with the felony and is properly maintained by

  9  the department responsible for the record. For the purposes of

10  this paragraph the collection and maintenance of the DNA

11  record and the analysis on materials derived from the human

12  body is performed for the use as evidence in a criminal

13  proceeding or for the purposes of identification and is

14  conducted at a compatible forensic level used by other

15  criminal justice agencies or their designated or approved

16  private testing laboratories to support the statistical

17  interpretation of results.

18         2.  For the purposes of this paragraph:

19         a.  "DNA" means deoxribonucleic acid.

20         b.  "Department" means the authorized agency

21  responsible for maintaining the DNA identification system

22  and/or DNA database.

23         c.  "DNA record" means DNA identification information

24  stored in the DNA database for purposes of department

25  identification index and establishing identification

26  information in connection with law enforcement investigations

27  or supporting statistical interpretation of the results of DNA

28  analysis, such as the numerical representation of DNA fragment

29  lengths, autoradiographs, and the digital image of

30  autoradiographs, and discrete allele assignment numbers.

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






    Florida Senate - 2002                                  SB 1512
    28-1018A-02                                         See HB 823




  1         Section 2.  This act shall take effect upon becoming a

  2  law.

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  5                          HOUSE SUMMARY

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      Provides that a prosecution for sexual battery may be
  7    commenced at any time after the crime is committed when a
      DNA record exists in connection with the felony and is
  8    properly maintained by the appropriate agency. See bill
      for details.
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CODING: Words stricken are deletions; words underlined are additions.