| 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. |