Senate Bill sb0044c2

    Florida Senate - 2004                      CS for CS for SB 44

    By the Committees on Criminal Justice; Judiciary; and Senator
    Villalobos




    307-1319-04

  1                      A bill to be entitled

  2         An act relating to DNA evidence; amending s.

  3         925.11, F.S.; extending the period following

  4         sentencing during which a petition may be filed

  5         or considered by the court to order the testing

  6         of criminal DNA evidence; providing an

  7         effective date.

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

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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

17  established by the laws of this state may petition that court

18  to order the examination of physical evidence collected at the

19  time of the investigation of the crime for which he or she has

20  been sentenced which may contain DNA (deoxyribonucleic acid)

21  and which would exonerate that person or mitigate the sentence

22  that person received.

23         (b)  Except as provided in subparagraph 2., a petition

24  for postsentencing DNA testing may be filed or considered:

25         1.  Within 4 2 years following the date that the

26  judgment and sentence in the case becomes final if no direct

27  appeal is taken, within 4 2 years following the date that the

28  conviction is affirmed on direct appeal if an appeal is taken,

29  within 4 2 years following the date that collateral counsel is

30  appointed or retained subsequent to the conviction being

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    Florida Senate - 2004                      CS for CS for SB 44
    307-1319-04




 1  affirmed on direct appeal in a capital case, or by October 1,

 2  2005 2003, whichever occurs later; or

 3         2.  At any time if the facts on which the petition is

 4  predicated were unknown to the petitioner or the petitioner's

 5  attorney and could not have been ascertained by the exercise

 6  of due diligence.

 7         Section 2.  This act shall take effect upon becoming a

 8  law and shall operate retroactively to October 1, 2003.

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10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                             CS/SB 44

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13  The effect of the provisions of the bill are retroactive to
    October 1, 2003.
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