HB 29

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; providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1.  Subsection (1) of section 943.325, Florida
10	Statutes, is amended to read:
11	943.325  Blood or other biological specimen testing for DNA
12	analysis.--
13	(1)(a)  Any person who is convicted or was previously
14	convicted in this state for any offense or attempted offense
15	enumerated in paragraph (b), and any person who is transferred
16	to this state under Article VII of the Interstate Compact on
17	Juveniles, part XIII of chapter 985, who has committed or
18	attempted to commit an offense similarly defined by the
19	transferring state, who is either:
20	1.  Still incarcerated, or
21	2.  No longer incarcerated, or has never been incarcerated,
22	yet is within the confines of the legal state boundaries and is
23	on probation, community control, parole, conditional release,
24	control release, or any other type of court-ordered supervision,
25
26	shall be required to submit two specimens of blood or other
27	biological specimens approved by the Department of Law
28	Enforcement to a Department of Law Enforcement designated
29	testing facility as directed by the department.
30	(b)1.  Chapter 794, chapter 800, s. 782.04, s. 784.045, s.
31	810.02, s. 812.133, or s. 812.135.
32	2.  Effective July 1, 2002, and contingent upon specific
33	appropriation, s. 812.13 or s. 812.131.
34	3.  Effective July 1, 2003, and contingent upon specific
35	appropriation, chapter 787 or s. 782.07.
36	4.  Effective July 1, 2004, and contingent upon specific
37	appropriation, any forcible felony, as described in s. 776.08,
38	aggravated child abuse, as described in s. 827.03(2), aggravated
39	abuse of an elderly person or a disabled adult, as described in
40	s. 825.102(2), or any felony violation of chapter 790 involving
41	the use or possession of a firearm.
42	1.5.  Effective July 1, 2005, and contingent upon specific
43	appropriation, Any felony offense.
44	2.  Any misdemeanor violation of s. 784.048, s. 810.14, s.
45	847.011, s. 847.013, s. 847.0135, or s. 877.26.
46	3.  An offense that the court found at sentencing was
47	committed for the purpose of benefiting, promoting, or
48	furthering the interests of a criminal street gang as defined in
49	s. 874.03.
50	(c)  As used in this section, the term "any person"
51	includes both juveniles and adults committed to a county jail or
52	committed to or under the supervision of the Department of
53	Corrections or the Department of Juvenile Justice, including
54	persons incarcerated in a private correctional institution
55	operated under contract pursuant to s. 944.105.
56	(d)  Any person who was previously convicted in this state
57	for any offense or attempted offense enumerated in paragraph (b)
58	subparagraph (b)1., subparagraph (b)2., or subparagraph (b)3.
59	and who is still incarcerated or in the custody of the
60	Department of Juvenile Justice must submit, not less than 45
61	days before his or her presumptive date of release from such
62	incarceration or commitment, two specimens of blood or other
63	approved biological specimens as directed by the Department of
64	Law Enforcement to a testing facility designated by the
65	department.
66	Section 2.  This act shall take effect July 1, 2008.

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