HB 7177

1
A bill to be entitled
2An act relating to time limitations for criminal
3prosecutions; amending s. 775.15, F.S.; specifying the
4applicability period of a provision allowing an additional
5limitations period for specified offenses in certain
6circumstances; providing that a prosecution for specified
7offenses, unless otherwise barred by law, may be commenced
8at any time after the date on which the identity of the
9accused is established, or should have been established by
10the exercise of due diligence, through the analysis of
11deoxyribonucleic acid (DNA) evidence; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (15) of section 775.15, Florida
17Statutes, is amended, and subsection (16) is added to that
18section, to read:
19     775.15  Time limitations; general time limitations;
20exceptions.--
21     (15)(a)  In addition to the time periods prescribed in this
22section, a prosecution for any of the following offenses may be
23commenced within 1 year after the date on which the identity of
24the accused is established, or should have been established by
25the exercise of due diligence, through the analysis of
26deoxyribonucleic acid (DNA) evidence, if a sufficient portion of
27the evidence collected at the time of the original investigation
28and tested for DNA is preserved and available for testing by the
29accused:
30     1.  An offense of sexual battery under chapter 794.
31     2.  A lewd or lascivious offense under s. 800.04 or s.
32825.1025.
33     (b)  This subsection applies to any offense that is not
34otherwise barred from prosecution between on or after July 1,
352004, and June 30, 2006.
36     (16)(a)  In addition to the time periods prescribed in this
37section, a prosecution for any of the following offenses may be
38commenced at any time after the date on which the identity of
39the accused is established, or should have been established by
40the exercise of due diligence, through the analysis of
41deoxyribonucleic acid (DNA) evidence, if a sufficient portion of
42the evidence collected at the time of the original investigation
43and tested for DNA is preserved and available for testing by the
44accused:
45     1.  Aggravated battery or any felony battery offense under
46chapter 784.
47     2.  Kidnapping under s. 787.01 or false imprisonment under
48s. 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.
51825.1025.
52     5.  A burglary offense under s. 810.02.
53     6.  A robbery offense under s. 812.13, s. 812.131, or s.
54812.135.
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
58otherwise barred from prosecution on or after July 1, 2006.
59     Section 2.  This act shall take effect July 1, 2006.


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