| 1 | A bill to be entitled |
| 2 | An act relating to postsentencing DNA testing; amending s. |
| 3 | 925.11, F.S.; deleting time limits for filing petitions |
| 4 | for postsentencing DNA testing when facts on which the |
| 5 | petition is predicated were unknown and could not have |
| 6 | been ascertained by the exercise of due diligence; |
| 7 | revising provisions relating to time periods for |
| 8 | preservation of physical evidence; providing for |
| 9 | retroactive application; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Paragraph (b) of subsection (1) and subsection |
| 14 | (4) of section 925.11, Florida Statutes, are reenacted and |
| 15 | amended to read: |
| 16 | 925.11 Postsentencing DNA testing.-- |
| 17 | (1) Petition for examination.-- |
| 18 | (b) Except as provided in subparagraph 2., A petition for |
| 19 | postsentencing DNA testing may be filed or considered: |
| 20 | 1. Within 4 years following the date that the judgment and |
| 21 | sentence in the case becomes final if no direct appeal is taken, |
| 22 | within 4 years following the date that the conviction is |
| 23 | affirmed on direct appeal if an appeal is taken, within 4 years |
| 24 | following the date that collateral counsel is appointed or |
| 25 | retained subsequent to the conviction being affirmed on direct |
| 26 | appeal in a capital case, or by October 1, 2005, whichever |
| 27 | occurs later; or |
| 28 | 2. at any time if the facts on which the petition is |
| 29 | predicated were unknown to the petitioner or the petitioner's |
| 30 | attorney and could not have been ascertained by the exercise of |
| 31 | due diligence. |
| 32 | (4) Preservation of evidence.-- |
| 33 | (a) Governmental entities that may be in possession of any |
| 34 | physical evidence in the case, including, but not limited to, |
| 35 | any investigating law enforcement agency, the clerk of the |
| 36 | court, the prosecuting authority, or the Department of Law |
| 37 | Enforcement shall maintain any physical evidence collected at |
| 38 | the time of the crime for which a postsentencing testing of DNA |
| 39 | may be requested. |
| 40 | (b) Except for a case in which the death penalty is |
| 41 | imposed, the evidence shall be maintained for at least until the |
| 42 | defendant's sentence has been completed, except as provided in |
| 43 | paragraph (c) the period of time set forth in subparagraph |
| 44 | (1)(b)1. In a case in which the death penalty is imposed, the |
| 45 | evidence shall be maintained for 60 days after execution of the |
| 46 | sentence. |
| 47 | (c) A governmental entity may dispose of the physical |
| 48 | evidence before the expiration of the period of time set forth |
| 49 | in paragraph (1)(b) if all of the conditions set forth below are |
| 50 | met:. |
| 51 | 1. The governmental entity notifies all of the following |
| 52 | individuals of its intent to dispose of the evidence: the |
| 53 | sentenced defendant, any counsel of record, the prosecuting |
| 54 | authority, and the Attorney General. |
| 55 | 2. The notifying entity does not receive, within 90 days |
| 56 | after sending the notification, either a copy of a petition for |
| 57 | postsentencing DNA testing filed pursuant to this section or a |
| 58 | request that the evidence not be destroyed because the sentenced |
| 59 | defendant will be filing the petition before the defendant has |
| 60 | completed his or her sentence time for filing it has expired. |
| 61 | 3. No other provision of law or rule requires that the |
| 62 | physical evidence be preserved or retained. |
| 63 | Section 2. This act shall take effect upon becoming a law |
| 64 | and shall apply retroactively to September 30, 2005. |