HB 697

1	A bill to be entitled
2	An act relating to DNA testing; amending s. 943.325, F.S.;
3	revising offenses for which a conviction requires the
4	person convicted to provide biological specimens in
5	specified circumstances; correcting a reference; providing
6	an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (1) of section 943.325, Florida
11	Statutes, is amended to read:
12	943.325  Blood or other biological specimen testing for DNA
13	analysis.--
14	(1)(a)  Any person who is convicted or was previously
15	convicted in this state for any offense or attempted offense
16	enumerated in paragraph (b), and any person who is transferred
17	to this state under Article VII of the Interstate Compact on
18	Juveniles, part XIII V of chapter 985, who has committed or
19	attempted to commit an offense similarly defined by the
20	transferring state, who is either:
21	1.  Still incarcerated, or
22	2.  No longer incarcerated, or has never been incarcerated,
23	yet is within the confines of the legal state boundaries and is
24	on probation, community control, parole, conditional release,
25	control release, or any other type of court-ordered supervision,
26
27	shall be required to submit two specimens of blood or other
28	biological specimens approved by the Department of Law
29	Enforcement to a Department of Law Enforcement designated
30	testing facility as directed by the department.
31	(b)1.  Chapter 794, chapter 800, s. 782.04, s. 784.045, s.
32	810.02, s. 812.133, or s. 812.135.
33	2.  Effective July 1, 2002, and contingent upon specific
34	appropriation, s. 812.13 or s. 812.131.
35	3.  Effective July 1, 2003, and contingent upon specific
36	appropriation, chapter 787 or s. 782.07.
37	4.  Effective July 1, 2004, and contingent upon specific
38	appropriation, any forcible felony, as described in s. 776.08,
39	aggravated child abuse, as described in s. 827.03(2), aggravated
40	abuse of an elderly person or a disabled adult, as described in
41	s. 825.102(2), or any felony violation of chapter 790 involving
42	the use or possession of a firearm.
43	1.5.  Effective July 1, 2005, and contingent upon specific
44	appropriation, Any felony offense.
45	2.  Any misdemeanor violation of s. 784.048, s. 810.14, s.
46	847.011, s. 847.013, s. 847.0135, or s. 877.26.
47	3.  An offense that the court found at sentencing was
48	committed for the purpose of benefiting, promoting, or
49	furthering the interests of a criminal street gang as defined in
50	s. 874.03.
51	(c)  As used in this section, the term "any person"
52	includes both juveniles and adults committed to a county jail or
53	committed to or under the supervision of the Department of
54	Corrections or the Department of Juvenile Justice, including
55	persons incarcerated in a private correctional institution
56	operated under contract pursuant to s. 944.105.
57	(d)  Any person who was previously convicted in this state
58	for any offense or attempted offense enumerated in paragraph (b)
59	subparagraph (b)1., subparagraph (b)2., or subparagraph (b)3.
60	and who is still incarcerated or in the custody of the
61	Department of Juvenile Justice must submit, not less than 45
62	days before his or her presumptive date of release from such
63	incarceration or commitment, two specimens of blood or other
64	approved biological specimens as directed by the Department of
65	Law Enforcement to a testing facility designated by the
66	department.
67	Section 2.  This act shall take effect July 1, 2007.

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