Senate Bill sb0300e2

    CS for SB 300                                 Second 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 or lewd or

  7         lascivious battery is identified, after the

  8         expiration of such applicable time period, by

  9         analysis of DNA collected during the

10         investigation of a crime or otherwise made

11         available to a law enforcement agency;

12         providing an effective date.

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

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

17  Statutes, is amended to read:

18         775.15  Time limitations.--

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

20  expired, a prosecution may nevertheless be commenced for:

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

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

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

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

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

26  case shall this provision extend the period of limitation

27  otherwise applicable by more than 3 years.

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

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

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

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


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    CS for SB 300                                 Second Engrossed



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

  2  time is greater.

  3         (c)  Any offense of sexual battery under chapter 794 or

  4  lewd or lascivious battery under s. 800.04 or s. 825.1025 for

  5  which the identity of the alleged perpetrator is determined

  6  after the expiration of such applicable time period and the

  7  perpetrator's identity is confirmed through DNA

  8  (deoxyribonucleic acid) analysis from a specimen or specimens

  9  collected during the investigation of a crime or otherwise

10  made available to a law enforcement agency, when such

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

12  agency for comparison prior to the expiration of the

13  applicable time period. Such information may be used as

14  evidence in a criminal proceeding or for the purpose of

15  identification.

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

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