Amendment
Bill No. 1964
Amendment No. 123951
CHAMBER ACTION
Senate House
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1Representative(s) Brutus offered the following:
2
3     Amendment to Amendment (711947) (with title amendment)
4On line(s) 17 insert:
5
6     Section 8.  A person convicted of a crime may at any time
7petition the court for postsentencing DNA testing on physical
8evidence collected in connection with the case. The court shall
9order postsentencing DNA testing only if the convicted person
10asserts under oath that he or she is innocent of the offense and
11establishes that exculpatory results of the requested DNA
12testing would create a reasonable probability that, if the test
13results had been admitted at trial, the person would have been
14acquitted or received a lesser sentence. If a petitioner was
15convicted pursuant to a plea of guilty, to obtain an order for
16DNA testing under this section, the petitioner must first
17demonstrate to the court that there is a likelihood that the
18plea was entered under circumstances that render it suspect or
19the court finds that the interests of justice warrant the
20requested testing. All government entities shall continue to
21preserve physical evidence that may be subjected to
22postsentencing DNA testing until the person convicted of the
23crime is no longer incarcerated, on probation or parole, or
24subject to registration as a sex offender. A motion to vacate a
25conviction or sentence filed under Rule 3.850, Florida Rules of
26Criminal Procedure, or a motion for postconviction or collateral
27relief filed under Rule 3.851, Florida Rules of Criminal
28Procedure which is based on the results of DNA testing obtained
29under this section, shall be treated as raising a claim of newly
30discovered evidence and the time periods set forth in Rules
313.850 and 3.851, Florida Rules of Criminal Procedure, shall
32commence on the date that the written test results are provided
33to 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:
37Tallahassee; providing conditions for postsentencing DNA
38testing; requiring government entities to preserve certain
39evidence; providing for a motion to vacate; providing an
40effective date.


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