| 1 | Representative Brutus offered the following: |
| 2 |
|
| 3 | Amendment to Amendment (362603) (with title amendment) |
| 4 | Between lines 208 and 209 insert: |
| 5 | Section 8. |
| 6 | (1) A person convicted of a crime may at any time petition |
| 7 | the court for postsentencing DNA testing on physical evidence |
| 8 | collected in connection with the case. |
| 9 | (2) The court shall order postsentencing testing only if |
| 10 | the convicted person asserts under oath that he or she is |
| 11 | innocent of the offense, and establishes that exculpatory |
| 12 | results of the requested DNA testing would create a reasonable |
| 13 | probability that, if the test results had been admitted at |
| 14 | trial, the person would have been acquitted or received a lesser |
| 15 | sentence. |
| 16 | (3) If a petitioner was convicted pursuant to a plea of |
| 17 | guilty, in to obtain an order for DNA testing under this |
| 18 | section, he or she must first demonstrate to the court that |
| 19 | there is a likelihood that the plea was entered under |
| 20 | circumstances that render it suspect, or the court finds that |
| 21 | the interests of justice warrant the requested testing. |
| 22 | (4) All government entities shall continue to preserve |
| 23 | physical evidence that may be subjected to postsentencing DNA |
| 24 | testing until the person convicted of the crime is no longer |
| 25 | incarcerated, on probation or parole, or subject to registration |
| 26 | as a sexual offender or sexual predator. |
| 27 | (5) A motion to vacate a conviction or sentence filed |
| 28 | under Rule 3.850, Florida Rules of Criminal Procedure, or a |
| 29 | motion for postconviction or collateral relief filed under Rule |
| 30 | 3.851, Florida Rules of Criminal Procedure, which is based on |
| 31 | the results of DNA testing obtained under this section, shall be |
| 32 | treated as raising a claim of newly-discovered evidence and the |
| 33 | time periods set forth in rules 3.850 and 3.851, Florida Rules |
| 34 | of Criminal Procedure, shall commence on the date that the |
| 35 | written 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: |
| 39 | lobbyist's fees; providing for a petition for |
| 40 | postconviction DNA testing; providing requirements for |
| 41 | orders for such testing; requiring preservation of |
| 42 | physical evidence that may be subjected to postsentencing |
| 43 | DNA testing; providing for application of specified rules |
| 44 | of criminal procedure; providing an effective date. |