1 | A bill to be entitled |
2 | An act relating to wrongful criminal convictions; creating |
3 | s. 914.145, F.S.; providing for civil damages for certain |
4 | wrongful criminal convictions; providing for joint and |
5 | several liability; providing for statute of limitations; |
6 | providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
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10 | Section 1. Section 914.145, Florida Statutes, is created |
11 | to read: |
12 | 914.145 Wrongful convictions; civil damages.-- |
13 | (1) Any person convicted of a crime whose conviction was |
14 | based upon evidence fabricated or deceptively manipulated by any |
15 | law enforcement agency or state attorney shall have a civil |
16 | cause of action against the law enforcement agency or state |
17 | attorney that fabricated or deceptively manipulated the |
18 | evidence. |
19 | (2) Liability under subsection (1) shall be joint and |
20 | several. |
21 | (3) The statute of limitations applicable to a cause of |
22 | action created by this section shall: |
23 | (a) Run from the time a person convicted as described in |
24 | subsection (1) is exonerated in a court of law. |
25 | (b) Be as provided under s. 95.11(3)(o). |
26 | Section 2. This act shall take effect July 1, 2005. |