Senate Bill sb2408

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    Florida Senate - 2007                                  SB 2408

    By Senator Crist





    12-1918-07                                          See HB 697

  1                      A bill to be entitled

  2         An act relating to DNA testing; amending s.

  3         943.325, F.S.; revising offenses for which a

  4         conviction requires the person convicted to

  5         provide biological specimens in specified

  6         circumstances; correcting a reference;

  7         providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (1) of section 943.325, Florida

12  Statutes, is amended to read:

13         943.325  Blood or other biological specimen testing for

14  DNA analysis.--

15         (1)(a)  Any person who is convicted or was previously

16  convicted in this state for any offense or attempted offense

17  enumerated in paragraph (b), and any person who is transferred

18  to this state under Article VII of the Interstate Compact on

19  Juveniles, part XIII V of chapter 985, who has committed or

20  attempted to commit an offense similarly defined by the

21  transferring state, who is either:

22         1.  Still incarcerated, or

23         2.  No longer incarcerated, or has never been

24  incarcerated, yet is within the confines of the legal state

25  boundaries and is on probation, community control, parole,

26  conditional release, control release, or any other type of

27  court-ordered supervision,

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29  shall be required to submit two specimens of blood or other

30  biological specimens approved by the Department of Law

31  

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    Florida Senate - 2007                                  SB 2408
    12-1918-07                                          See HB 697




 1  Enforcement to a Department of Law Enforcement designated

 2  testing facility as directed by the department.

 3         (b)1.  Chapter 794, chapter 800, s. 782.04, s. 784.045,

 4  s. 810.02, s. 812.133, or s. 812.135.

 5         2.  Effective July 1, 2002, and contingent upon

 6  specific appropriation, s. 812.13 or s. 812.131.

 7         3.  Effective July 1, 2003, and contingent upon

 8  specific appropriation, chapter 787 or s. 782.07.

 9         4.  Effective July 1, 2004, and contingent upon

10  specific appropriation, any forcible felony, as described in

11  s. 776.08, aggravated child abuse, as described in s.

12  827.03(2), aggravated abuse of an elderly person or a disabled

13  adult, as described in s. 825.102(2), or any felony violation

14  of chapter 790 involving the use or possession of a firearm.

15         1.5.  Effective July 1, 2005, and contingent upon

16  specific appropriation, Any felony offense.

17         2.  Any misdemeanor violation of s. 784.048, s. 810.14,

18  s. 847.011, s. 847.013, s. 847.0135, or s. 877.26.

19         3.  An offense that the court found at sentencing was

20  committed for the purpose of benefiting, promoting, or

21  furthering the interests of a criminal street gang as defined

22  in s. 874.03.

23         (c)  As used in this section, the term "any person"

24  includes both juveniles and adults committed to a county jail

25  or committed to or under the supervision of the Department of

26  Corrections or the Department of Juvenile Justice, including

27  persons incarcerated in a private correctional institution

28  operated under contract pursuant to s. 944.105.

29         (d)  Any person who was previously convicted in this

30  state for any offense or attempted offense enumerated in

31  paragraph (b) subparagraph (b)1., subparagraph (b)2., or

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    Florida Senate - 2007                                  SB 2408
    12-1918-07                                          See HB 697




 1  subparagraph (b)3. and who is still incarcerated or in the

 2  custody of the Department of Juvenile Justice must submit, not

 3  less than 45 days before his or her presumptive date of

 4  release from such incarceration or commitment, two specimens

 5  of blood or other approved biological specimens as directed by

 6  the Department of Law Enforcement to a testing facility

 7  designated by the department.

 8         Section 2.  This act shall take effect July 1, 2007.

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