Senate Bill sb0300

    Florida Senate - 2002                                   SB 300

    By Senator Miller





    21-309-02

  1                      A bill to be entitled

  2         An act relating to limitation of actions;

  3         amending s. 775.15, F.S.; providing that

  4         certain time limitations for prosecuting a

  5         crime do not apply if the alleged perpetrator

  6         is identified by analysis of DNA evidence

  7         collected at the crime scene; providing an

  8         effective date.

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

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12         Section 1.  Subsection (3) of section 775.15, Florida

13  Statutes, is amended to read:

14         775.15  Time limitations.--

15         (3)  If the period prescribed in subsection (2) has

16  expired, a prosecution may nevertheless be commenced for:

17         (a)  Any offense, a material element of which is either

18  fraud or a breach of fiduciary obligation, within 1 year after

19  discovery of the offense by an aggrieved party or by a person

20  who has a legal duty to represent an aggrieved party and who

21  is himself or herself not a party to the offense, but in no

22  case shall this provision extend the period of limitation

23  otherwise applicable by more than 3 years.

24         (b)  Any offense based upon misconduct in office by a

25  public officer or employee at any time when the defendant is

26  in public office or employment, within 2 years from the time

27  he or she leaves public office or employment, or during any

28  time permitted by any other part of this section, whichever

29  time is greater.

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    Florida Senate - 2002                                   SB 300
    21-309-02




  1         (c)  Any offense for which the alleged perpetrator of

  2  the offense is identified through analysis of DNA collected at

  3  the crime scene by law enforcement personnel.

  4         Section 2.  This act shall take effect July 1, 2002.

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  7                          SENATE SUMMARY

  8    Provides that the statute of limitations does not apply
      to an offense if the alleged perpetrator of the offense
  9    is identified by analysis of DNA evidence collected at
      the crime scene by law enforcement personnel.
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CODING: Words stricken are deletions; words underlined are additions.