Senate Bill sb0300e1

    CS for SB 300                                  First Engrossed



  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         of an offense of sexual battery is identified,

  7         after the expiration of such applicable time

  8         period, by analysis of DNA collected during the

  9         investigation of a crime or otherwise made

10         available to a law enforcement agency;

11         providing an effective date.

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

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

16  Statutes, is amended to read:

17         775.15  Time limitations.--

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

19  expired, a prosecution may nevertheless be commenced for:

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

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

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

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

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

25  case shall this provision extend the period of limitation

26  otherwise applicable by more than 3 years.

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

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

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

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

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    CS for SB 300                                  First Engrossed



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

  2  time is greater.

  3         (c)  Any offense of sexual battery under s. 794.011 for

  4  which the identity of the alleged perpetrator is determined

  5  after the expiration of such applicable time period and the

  6  perpetrator's identity is confirmed through DNA

  7  (deoxyribonucleic acid) analysis from a specimen or specimens

  8  collected during the investigation of a crime or otherwise

  9  made available to a law enforcement agency, when such

10  information was not known to or in the possession of the

11  agency for comparison prior to the expiration of the

12  applicable time period. Such information may be used as

13  evidence in a criminal proceeding or for the purpose of

14  identification.

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

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