1 | A bill to be entitled |
2 | An act relating to time limitations for criminal |
3 | prosecutions; amending s. 775.15, F.S.; specifying the |
4 | applicability period of a provision allowing an additional |
5 | limitations period for specified offenses in certain |
6 | circumstances; providing that a prosecution for specified |
7 | offenses, unless otherwise barred by law, may be commenced |
8 | at any time after the date on which the identity of the |
9 | accused is established, or should have been established by |
10 | the exercise of due diligence, through the analysis of |
11 | deoxyribonucleic acid (DNA) evidence; providing an |
12 | effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Subsection (15) of section 775.15, Florida |
17 | Statutes, is amended, and subsection (16) is added to that |
18 | section, to read: |
19 | 775.15 Time limitations; general time limitations; |
20 | exceptions.-- |
21 | (15)(a) In addition to the time periods prescribed in this |
22 | section, a prosecution for any of the following offenses may be |
23 | commenced within 1 year after the date on which the identity of |
24 | the accused is established, or should have been established by |
25 | the exercise of due diligence, through the analysis of |
26 | deoxyribonucleic acid (DNA) evidence, if a sufficient portion of |
27 | the evidence collected at the time of the original investigation |
28 | and tested for DNA is preserved and available for testing by the |
29 | accused: |
30 | 1. An offense of sexual battery under chapter 794. |
31 | 2. A lewd or lascivious offense under s. 800.04 or s. |
32 | 825.1025. |
33 | (b) This subsection applies to any offense that is not |
34 | otherwise barred from prosecution between on or after July 1, |
35 | 2004, and June 30, 2006. |
36 | (16)(a) In addition to the time periods prescribed in this |
37 | section, a prosecution for any of the following offenses may be |
38 | commenced at any time after the date on which the identity of |
39 | the accused is established, or should have been established by |
40 | the exercise of due diligence, through the analysis of |
41 | deoxyribonucleic acid (DNA) evidence, if a sufficient portion of |
42 | the evidence collected at the time of the original investigation |
43 | and tested for DNA is preserved and available for testing by the |
44 | accused: |
45 | 1. Aggravated battery or any felony battery offense under |
46 | chapter 784. |
47 | 2. Kidnapping under s. 787.01 or false imprisonment under |
48 | s. 787.02. |
49 | 3. An offense of sexual battery under chapter 794. |
50 | 4. A lewd or lascivious offense under s. 800.04 or s. |
51 | 825.1025. |
52 | 5. A burglary offense under s. 810.02. |
53 | 6. A robbery offense under s. 812.13, s. 812.131, or s. |
54 | 812.135. |
55 | 7. Carjacking under s. 812.133. |
56 | 8. Aggravated child abuse under s. 827.03. |
57 | (b) This subsection applies to any offense that is not |
58 | otherwise barred from prosecution on or after July 1, 2006. |
59 | Section 2. This act shall take effect July 1, 2006. |