Senate Bill sb1004

    Florida Senate - 2005                                  SB 1004

    By Senator Siplin





    19-852-05                                           See HB 247

  1                      A bill to be entitled

  2         An act relating to wrongful criminal

  3         convictions; creating s. 914.145, F.S.;

  4         providing for civil damages for certain

  5         wrongful criminal convictions; providing for

  6         joint and several liability; providing for

  7         statute of limitations; providing an effective

  8         date.

  9  

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

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12         Section 1.  Section 914.145, Florida Statutes, is

13  created to read:

14         914.145  Wrongful convictions; civil damages.--

15         (1)  Any person convicted of a crime whose conviction

16  was based upon evidence fabricated or deceptively manipulated

17  by any law enforcement agency or state attorney shall have a

18  civil cause of action against the law enforcement agency or

19  state attorney that fabricated or deceptively manipulated the

20  evidence.

21         (2)  Liability under subsection (1) shall be joint and

22  several.

23         (3)  The statute of limitations applicable to a cause

24  of action created by this section shall:

25         (a)  Run from the time a person convicted as described

26  in subsection (1) is exonerated in a court of law.

27         (b)  Be as provided under s. 95.11(3)(o).

28         Section 2.  This act shall take effect July 1, 2005.

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