Senate Bill sb1522

    Florida Senate - 2006                                  SB 1522

    By Senator Diaz de la Portilla





    36-993-06

  1                      A bill to be entitled

  2         An act relating to time limitations for

  3         criminal prosecutions; amending s. 775.15,

  4         F.S.; providing that a prosecution for certain

  5         specified offenses, unless otherwise barred by

  6         law, may be commenced within 1 year after the

  7         date on which the identity of the accused is

  8         established, or should have been established by

  9         the exercise of due diligence, through the

10         analysis of deoxyribonucleic acid (DNA)

11         evidence; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Subsection (15) of section 775.15, Florida

16  Statutes, is amended to read:

17         775.15  Time limitations; general time limitations;

18  exceptions.--

19         (15)(a)  In addition to the time periods prescribed in

20  this section, a prosecution for any of the following offenses

21  may be commenced within 1 year after the date on which the

22  identity of the accused is established, or should have been

23  established by the exercise of due diligence, through the

24  analysis of deoxyribonucleic acid (DNA) evidence, if a

25  sufficient portion of the evidence collected at the time of

26  the original investigation and tested for DNA is preserved and

27  available for testing by the accused:

28         1.  An offense of sexual battery under chapter 794.

29         2.  A lewd or lascivious offense under s. 800.04 or s.

30  825.1025.

31  

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






    Florida Senate - 2006                                  SB 1522
    36-993-06




 1         3.  Aggravated battery or any felony battery offense

 2  under chapter 784.

 3         4.  Kidnapping under s. 787.01 or false imprisonment

 4  under s. 787.02.

 5         5.  A burglary offense under s. 810.02.

 6         6.  A robbery offense under s. 812.13, s. 812.131, or

 7  s. 812.135.

 8         7.  Carjacking under s. 812.133.

 9         8.  Aggravated child abuse under s. 827.03.

10         (b)  This subsection applies to any offense in

11  subparagraph 1. or subparagraph 2. which that is not otherwise

12  barred from prosecution on or after July 1, 2004, and applies

13  to any offense in subparagraph (a)3. through subparagraph

14  (a)8. which is not otherwise barred from prosecution on or

15  after July 1, 2006.

16         Section 2.  This act shall take effect July 1, 2006.

17  

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19                          SENATE SUMMARY

20    Provides that a prosecution for certain specified
      offenses, unless otherwise barred by law, may be
21    commenced within 1 year after the date on which the
      identity of the accused is established, or should have
22    been established by the exercise of due diligence,
      through the analysis of deoxyribonucleic acid (DNA)
23    evidence.

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