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A bill to be entitled |
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An act relating to postsentencing DNA testing; amending s. |
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925.11, F.S.; revising a specified alternative deadline |
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date for filing or considering a petition for |
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postsentencing DNA testing; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Paragraph (b) of subsection (1) of section |
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925.11, Florida Statutes, is amended to read: |
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925.11 Postsentencing DNA testing.-- |
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(1) Petition for examination.-- |
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(b) Except as provided in subparagraph 2., a petition for |
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postsentencing DNA testing may be filed or considered: |
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1. Within 2 years following the date that the judgment and |
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sentence in the case becomes final if no direct appeal is taken, |
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within 2 years following the date that the conviction is |
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affirmed on direct appeal if an appeal is taken, within 2 years |
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following the date that collateral counsel is appointed or |
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retained subsequent to the conviction being affirmed on direct |
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appeal in a capital case, or by October 1, 2004 2003, whichever |
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occurs later; or |
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2. At any time if the facts on which the petition is |
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predicated were unknown to the petitioner or the petitioner's |
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attorney and could not have been ascertained by the exercise of |
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due diligence. |
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Section 2. This act shall take effect upon becoming a law. |