1 | Representative(s) Brutus offered the following: |
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3 | Amendment to Amendment (711947) (with title amendment) |
4 | On line(s) 17 insert: |
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6 | Section 8. A person convicted of a crime may at any time |
7 | petition the court for postsentencing DNA testing on physical |
8 | evidence collected in connection with the case. The court shall |
9 | order postsentencing DNA testing only if the convicted person |
10 | asserts under oath that he or she is innocent of the offense and |
11 | establishes that exculpatory results of the requested DNA |
12 | testing would create a reasonable probability that, if the test |
13 | results had been admitted at trial, the person would have been |
14 | acquitted or received a lesser sentence. If a petitioner was |
15 | convicted pursuant to a plea of guilty, to obtain an order for |
16 | DNA testing under this section, the petitioner must first |
17 | demonstrate to the court that there is a likelihood that the |
18 | plea was entered under circumstances that render it suspect or |
19 | the court finds that the interests of justice warrant the |
20 | requested testing. All government entities shall continue to |
21 | preserve physical evidence that may be subjected to |
22 | postsentencing DNA testing until the person convicted of the |
23 | crime is no longer incarcerated, on probation or parole, or |
24 | subject to registration as a sex offender. A motion to vacate a |
25 | conviction or sentence filed under Rule 3.850, Florida Rules of |
26 | Criminal Procedure, or a motion for postconviction or collateral |
27 | relief filed under Rule 3.851, Florida Rules of Criminal |
28 | Procedure which is based on the results of DNA testing obtained |
29 | under this section, shall be treated as raising a claim of newly |
30 | discovered evidence and the time periods set forth in Rules |
31 | 3.850 and 3.851, Florida Rules of Criminal Procedure, shall |
32 | commence on the date that the written test results are provided |
33 | to the parties. |
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35 | ================ T I T L E A M E N D M E N T ============= |
36 | Remove line(s) 32 and insert: |
37 | Tallahassee; providing conditions for postsentencing DNA |
38 | testing; requiring government entities to preserve certain |
39 | evidence; providing for a motion to vacate; providing an |
40 | effective date. |