| 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 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 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 |
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| 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 was found, pursuant to s. 874.04, to |
| 47 | have been committed for the purpose of benefiting, promoting, or |
| 48 | furthering the interests of a criminal gang as defined in s. |
| 49 | 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. |