HB 1935

2	A bill to be entitled
3	An act relating to DNA evidence; amending s. 925.11, F.S.;
4	extending the period following sentencing during which a
5	petition may be filed or considered by the court to order
6	the testing of criminal DNA evidence; providing for
7	retroactive applicability; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsection (1) of section 925.11, Florida
12	Statutes, is amended to read:
13	925.11  Postsentencing DNA testing.--
14	(1)  Petition for examination.--
15	(a)  A person who has been tried and found guilty of
16	committing a crime and has been sentenced by a court established
17	by the laws of this state may petition that court to order the
18	examination of physical evidence collected at the time of the
19	investigation of the crime for which he or she has been
20	sentenced which may contain DNA (deoxyribonucleic acid) and
21	which would exonerate that person or mitigate the sentence that
22	person received.
23	(b)  Except as provided in subparagraph 2., a petition for
24	postsentencing DNA testing may be filed or considered:
25	1.  Within 4 2 years following the date that the judgment
26	and sentence in the case becomes final if no direct appeal is
27	taken, within 4 2 years following the date that the conviction
28	is affirmed on direct appeal if an appeal is taken, within 4 2
29	years following the date that collateral counsel is appointed or
30	retained subsequent to the conviction being affirmed on direct
31	appeal in a capital case, or by October 1, 2005 2003, whichever
32	occurs later; or
33	2.  At any time if the facts on which the petition is
34	predicated were unknown to the petitioner or the petitioner's
35	attorney and could not have been ascertained by the exercise of
36	due diligence.
37	Section 2.  This act shall take effect upon becoming a law
38	and shall operate retroactively to October 1, 2003.

CODING: Words stricken are deletions; words underlined are additions.