1 | Representative Joyner offered the following: |
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3 | Amendment (with title amendment) |
4 | Remove lines 37-39 and insert: |
5 | Section 2. Effective July 1, 2005, section 914.145, |
6 | Florida Statutes, is created to read: |
7 | 914.145 Wrongful convictions; civil damages.-- |
8 | (1) Any person convicted of a crime whose conviction was |
9 | based upon evidence fabricated or deceptively manipulated by any |
10 | law enforcement agency or state attorney shall have a civil |
11 | cause of action against the law enforcement agency or state |
12 | attorney that fabricated or deceptively manipulated the |
13 | evidence. |
14 | (2) Liability under subsection (1) shall be joint and |
15 | several. |
16 | (3) The statute of limitations applicable to a cause of |
17 | action created by this section shall: |
18 | (a) Run from the time a person convicted as described in |
19 | subsection (1) is exonerated in a court of law. |
20 | (b) Be as provided under s. 95.11(3)(o). |
21 | Section 3. Except as otherwise provided herein, this act |
22 | shall take effect upon becoming a law. The repeal of Rule 3.203, |
23 | Florida Rules of Criminal Procedure, in this act shall take |
24 | effect only if this act is enacted by a two-thirds vote of the |
25 | membership of each house of the Legislature. |
26 |
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27 | ================ T I T L E A M E N D M E N T ============= |
28 | Remove lines 2-5 and insert: |
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30 | An act relating to criminal law; repealing Rule 3.203, |
31 | Florida Rules of Criminal Procedure, relating to |
32 | imposition of the death penalty; creating s. 914.145, |
33 | F.S.; providing for civil damages for certain wrongful |
34 | criminal convictions; providing for joint and several |
35 | liability; providing an effective dates. |