Senate Bill sb1572

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    Florida Senate - 2003                                  SB 1572

    By the Committee on Criminal Justice





    307-1409-03

  1                      A bill to be entitled

  2         An act relating to limitation of actions;

  3         amending s. 775.15, F.S.; authorizing the

  4         prosecution of specified offenses within 1 year

  5         after the identity of the accused is

  6         established through analysis of DNA evidence,

  7         notwithstanding time limitations otherwise

  8         prescribed by law; providing for application;

  9         providing an effective date.

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

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13         Section 1.  Section 775.15, Florida Statutes, is

14  amended to read:

15         775.15  Time limitations.--

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

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

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

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

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

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

22  unconstitutional by the Florida Supreme Court or the United

23  States Supreme Court, all crimes designated as capital

24  felonies shall be considered life felonies for the purposes of

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

26  at any time.

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

28  prosecution for a first or second degree felony violation of

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

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

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

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    Florida Senate - 2003                                  SB 1572
    307-1409-03




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

  2  be commenced within the time periods prescribed in subsection

  3  (2).

  4         (c)  A prosecution for perjury in an official

  5  proceeding that relates to the prosecution of a capital felony

  6  may be commenced at any time.

  7         (2)  Except as otherwise provided in this section,

  8  prosecutions for other offenses are subject to the following

  9  periods of limitation:

10         (a)  A prosecution for a felony of the first degree

11  must be commenced within 4 years after it is committed.

12         (b)  A prosecution for any other felony must be

13  commenced within 3 years after it is committed.

14         (c)  A prosecution for a misdemeanor of the first

15  degree must be commenced within 2 years after it is committed.

16         (d)  A prosecution for a misdemeanor of the second

17  degree or a noncriminal violation must be commenced within 1

18  year after it is committed.

19         (e)  A prosecution for a felony violation of chapter

20  517 or s. 409.920 must be commenced within 5 years after the

21  violation is committed.

22         (f)  A prosecution for a felony violation of chapter

23  403 must be commenced within 5 years after the date of

24  discovery of the violation.

25         (g)  A prosecution for a felony violation of s. 825.102

26  or s. 825.103 must be commenced within 5 years after it is

27  committed.

28         (h)  A prosecution for a felony violation of ss.

29  440.105 and 817.234 must be commenced within 5 years after the

30  violation is committed.

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    Florida Senate - 2003                                  SB 1572
    307-1409-03




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

  2  expired, a prosecution may nevertheless be commenced for:

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

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

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

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

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

  8  case shall this provision extend the period of limitation

  9  otherwise applicable by more than 3 years.

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

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

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

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

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

15  time is greater.

16         (4)  An offense is committed either when every element

17  has occurred or, if a legislative purpose to prohibit a

18  continuing course of conduct plainly appears, at the time when

19  the course of conduct or the defendant's complicity therein is

20  terminated.  Time starts to run on the day after the offense

21  is committed.

22         (5)(a)  Prosecution on a charge on which the defendant

23  has previously been arrested or served with a summons is

24  commenced by the filing of an indictment, information, or

25  other charging document.

26         (b)  A prosecution on a charge on which the defendant

27  has not previously been arrested or served with a summons is

28  commenced when either an indictment or information is filed,

29  provided the capias, summons, or other process issued on such

30  indictment or information is executed without unreasonable

31  delay. In determining what is reasonable, inability to locate

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    Florida Senate - 2003                                  SB 1572
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  1  the defendant after diligent search or the defendant's absence

  2  from the state shall be considered. The failure to execute

  3  process on or extradite a defendant in another state who has

  4  been charged by information or indictment with a crime in this

  5  state shall not constitute an unreasonable delay.

  6         (c)  If, however, an indictment or information has been

  7  filed within the time period prescribed in this section and

  8  the indictment or information is dismissed or set aside

  9  because of a defect in its content or form after the time

10  period has elapsed, the period for commencing prosecution

11  shall be extended 3 months from the time the indictment or

12  information is dismissed or set aside.

13         (6)  The period of limitation does not run during any

14  time when the defendant is continuously absent from the state

15  or has no reasonably ascertainable place of abode or work

16  within the state. This provision shall not extend the period

17  of limitation otherwise applicable by more than 3 years, but

18  shall not be construed to limit the prosecution of a defendant

19  who has been timely charged by indictment or information or

20  other charging document and who has not been arrested due to

21  his or her absence from this state or has not been extradited

22  for prosecution from another state.

23         (7)  If the victim of a violation of s. 794.011, former

24  s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is

25  under the age of 18, the applicable period of limitation, if

26  any, does not begin to run until the victim has reached the

27  age of 18 or the violation is reported to a law enforcement

28  agency or other governmental agency, whichever occurs earlier.

29  Such law enforcement agency or other governmental agency shall

30  promptly report such allegation to the state attorney for the

31  judicial circuit in which the alleged violation occurred. If

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    Florida Senate - 2003                                  SB 1572
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  1  the offense is a first or second degree felony violation of s.

  2  794.011, and the crime is reported within 72 hours after its

  3  commission, paragraph (1)(b) applies. This subsection applies

  4  to any such offense except an offense the prosecution of which

  5  would have been barred by subsection (2) on or before December

  6  31, 1984.

  7         (8)(a)  Notwithstanding the time periods prescribed in

  8  this section, a prosecution for any of the following offenses

  9  may be commenced within 1 year after the date on which the

10  identity of the accused is established through the analysis of

11  deoxyribonucleic acid (DNA) evidence, if a sufficient portion

12  of the evidence tested for DNA is preserved and available for

13  testing by the accused:

14         1.  Aggravated battery or any felony battery offense

15  under chapter 784;

16         2.  Kidnapping under s. 787.01 or false imprisonment

17  under s. 787.02;

18         3.  An offense of sexual battery under chapter 794;

19         4.  A lewd or lascivious offense under s. 800.04 or s.

20  825.1025;

21         5.  A burglary offense under s. 810.02;

22         6.  A robbery offense under s. 812.13, s. 812.131, or

23  s. 812.135;

24         7.  Carjacking under s. 812.133; or

25         8.  Aggravated child abuse under s. 827.03.

26         (b)  This subsection applies to any offense that is not

27  otherwise barred from prosecution on or after July 1, 2003.

28         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                  SB 1572
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  2                          SENATE SUMMARY

  3    Provides that effective July 1, 2003, certain crimes,
      including aggravated battery, kidnapping, sexual
  4    offenses, burglary, or robbery, may be prosecuted within
      1 year after the identity of the accused is established
  5    through analysis of DNA evidence, regardless of whether
      the period for prosecuting the crime may have otherwise
  6    expired.

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