Amendment
Bill No. 1964
Amendment No. 923257
CHAMBER ACTION
Senate House
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1Representative Brutus offered the following:
2
3     Amendment to Amendment (362603) (with title amendment)
4Between lines 208 and 209 insert:
5     Section 8.  
6     (1)  A person convicted of a crime may at any time petition
7the court for postsentencing DNA testing on physical evidence
8collected in connection with the case.
9     (2)  The court shall order postsentencing testing only if
10the convicted person asserts under oath that he or she is
11innocent of the offense, and establishes that exculpatory
12results of the requested DNA testing would create a reasonable
13probability that, if the test results had been admitted at
14trial, the person would have been acquitted or received a lesser
15sentence.
16     (3)  If a petitioner was convicted pursuant to a plea of
17guilty, in to obtain an order for DNA testing under this
18section, he or she must first demonstrate to the court that
19there is a likelihood that the plea was entered under
20circumstances that render it suspect, or the court finds that
21the interests of justice warrant the requested testing.
22     (4)  All government entities shall continue to preserve
23physical evidence that may be subjected to postsentencing DNA
24testing until the person convicted of the crime is no longer
25incarcerated, on probation or parole, or subject to registration
26as a sexual offender or sexual predator.
27     (5)  A motion to vacate a conviction or sentence filed
28under Rule 3.850, Florida Rules of Criminal Procedure, or a
29motion for postconviction or collateral relief filed under Rule
303.851, Florida Rules of Criminal Procedure, which is based on
31the results of DNA testing obtained under this section, shall be
32treated as raising a claim of newly-discovered evidence and the
33time periods set forth in rules 3.850 and 3.851, Florida Rules
34of Criminal Procedure, shall commence on the date that the
35written test results are provided to the parties.
36
37================ T I T L E  A M E N D M E N T =============
38     Remove line 234 and insert:
39lobbyist's fees; providing for a petition for
40postconviction DNA testing; providing requirements for
41orders for such testing; requiring preservation of
42physical evidence that may be subjected to postsentencing
43DNA testing; providing for application of specified rules
44of criminal procedure; providing an effective date.


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