Senate Bill sb1522c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1522
By the Committee on Criminal Justice; and Senator Diaz de la
Portilla
591-2455-06
1 A bill to be entitled
2 An act relating to time limitations for
3 criminal prosecutions; amending s. 775.15,
4 F.S.; specifying the applicability period of a
5 provision allowing an additional limitations
6 period for specified offenses in certain
7 circumstances; providing that a prosecution for
8 specified offenses, unless otherwise barred by
9 law, may be commenced at any time after the
10 date on which the identity of the accused is
11 established, or should have been established by
12 the exercise of due diligence, through the
13 analysis of deoxyribonucleic acid (DNA)
14 evidence; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (15) of section 775.15, Florida
19 Statutes, is amended, and subsection (16) is added to that
20 section, to read:
21 775.15 Time limitations; general time limitations;
22 exceptions.--
23 (15)(a) In addition to the time periods prescribed in
24 this section, a prosecution for any of the following offenses
25 may be commenced within 1 year after the date on which the
26 identity of the accused is established, or should have been
27 established by the exercise of due diligence, through the
28 analysis of deoxyribonucleic acid (DNA) evidence, if a
29 sufficient portion of the evidence collected at the time of
30 the original investigation and tested for DNA is preserved and
31 available for testing by the accused:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1522
591-2455-06
1 1. An offense of sexual battery under chapter 794.
2 2. A lewd or lascivious offense under s. 800.04 or s.
3 825.1025.
4 (b) This subsection applies to any offense that is not
5 otherwise barred from prosecution between on or after July 1,
6 2004, and June 30, 2006.
7 (16)(a) In addition to the time periods prescribed in
8 this section, a prosecution for any of the following offenses
9 may be commenced at any time after the date on which the
10 identity of the accused is established, or should have been
11 established by the exercise of due diligence, through the
12 analysis of deoxyribonucleic acid (DNA) evidence, if a
13 sufficient portion of the evidence collected at the time of
14 the original investigation and tested for DNA is preserved and
15 available for testing by the accused:
16 1. Aggravated battery or any felony battery offense
17 under chapter 784.
18 2. Kidnapping under s. 787.01 or false imprisonment
19 under s. 787.02.
20 3. An offense of sexual battery under chapter 794.
21 4. A lewd or lascivious offense under s. 800.04 or s.
22 825.1025.
23 5. A burglary offense under s. 810.02.
24 6. A robbery offense under s. 812.13, s. 812.131, or
25 s. 812.135.
26 7. Carjacking under s. 812.133.
27 8. Aggravated child abuse under s. 827.03.
28 (b) This subsection applies to any offense that is not
29 otherwise barred from prosecution on or after July 1, 2006.
30 Section 2. This act shall take effect July 1, 2006.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1522
591-2455-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1522
3
4 The CS eliminates, where identity of the perpetrator is
established through DNA evidence, the current Statutes of
5 Limitation for certain personal crimes of violence by further
amending subsection (15), and creating a new subsection (16)
6 of s. 775.15, F.S. The original bill provided that prosecution
may commence within one year of the identity being
7 established.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.