Senate Bill sb0456
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 456
By Senator Siplin
19-268-07
1 A bill to be entitled
2 An act relating to wrongful criminal
3 convictions; creating s. 914.145, F.S.;
4 providing for civil damages for certain
5 wrongful criminal convictions; providing for
6 joint and several liability; providing a
7 statute of limitations; providing an effective
8 date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Section 914.145, Florida Statutes, is
13 created to read:
14 914.145 Wrongful convictions; civil damages.--
15 (1) Any person convicted of a crime whose conviction
16 was based upon evidence that was fabricated or deceptively
17 manipulated by any law enforcement agency or state attorney's
18 office shall have a civil cause of action against the law
19 enforcement agency or state attorney's office that fabricated
20 or deceptively manipulated the evidence.
21 (2) Liability under subsection (1) shall be joint and
22 several.
23 (3) The statute of limitations applicable to a cause
24 of action created by this section shall:
25 (a) Run from the time a person convicted as described
26 in subsection (1) is exonerated in a court of law.
27 (b) Be as provided under s. 95.11(3)(o).
28 Section 2. This act shall take effect July 1, 2007.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 456
19-268-07
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2 SENATE SUMMARY
3 Provides that a person whose conviction is based upon
fabricated or manipulated evidence has a civil cause of
4 action against the law enforcement agency or state
attorney's office that fabricated or manipulated the
5 evidence. Provides for joint and several liability.
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CODING: Words stricken are deletions; words underlined are additions.