| 1 | Representative(s) Brutus offered the following: |
| 2 |
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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. |