HB 0247

1
A bill to be entitled
2An act relating to wrongful criminal convictions; creating
3s. 914.145, F.S.; providing for civil damages for certain
4wrongful criminal convictions; providing for joint and
5several liability; providing for statute of limitations;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Section 914.145, Florida Statutes, is created
11to read:
12914.145  Wrongful convictions; civil damages.--
13(1)  Any person convicted of a crime whose conviction was
14based upon evidence fabricated or deceptively manipulated by any
15law enforcement agency or state attorney shall have a civil
16cause of action against the law enforcement agency or state
17attorney that fabricated or deceptively manipulated the
18evidence.
19(2)  Liability under subsection (1) shall be joint and
20several.
21(3)  The statute of limitations applicable to a cause of
22action created by this section shall:
23(a)  Run from the time a person convicted as described in
24subsection (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.


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