Florida Senate - 2021                                     SB 436
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00502-21                                            2021436__
    1                        A bill to be entitled                      
    2         An act relating to conviction integrity review units;
    3         creating s. 27.272, F.S.; requiring the state attorney
    4         of each judicial circuit to establish a conviction
    5         integrity review unit within the state attorney’s
    6         office and an independent review panel; specifying
    7         membership of the independent review panel;
    8         authorizing an incarcerated person to submit a
    9         petition to the state attorney’s office requesting
   10         that a unit review his or her conviction; requiring
   11         the state attorney’s office to determine the form of
   12         the petition and the petition’s contents; specifying
   13         the type of convictions which units are authorized to
   14         review; requiring the unit to initiate an
   15         investigation if certain conditions are met; requiring
   16         the unit to present its findings and recommendations
   17         to the independent review panel; requiring the unit to
   18         make a final recommendation regarding the petitioner’s
   19         conviction to the state attorney under certain
   20         circumstances; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 27.272, Florida Statutes, is created to
   25  read:
   26         27.272 Conviction integrity review units; petition process;
   27  investigations and recommendations.—
   28         (1)(a) The state attorney of each judicial circuit shall
   29  establish a conviction integrity review unit within the state
   30  attorney’s office for the purpose of investigating whether
   31  defendants have been wrongly convicted.
   32         (b) The state attorney shall also create an independent
   33  review panel for the purpose of reviewing the conviction
   34  integrity review unit’s findings and recommendations. The
   35  independent review panel shall consist of three people appointed
   36  by the state attorney who are not employees of the state
   37  attorney’s office.
   38         (2) An incarcerated person may submit a petition to the
   39  state attorney’s office requesting that a conviction integrity
   40  review unit review his or her conviction. The form of the
   41  petition and its contents shall be determined by the office.
   42         (3) The conviction integrity review unit may review a
   43  conviction only if:
   44         (a) The conviction was a felony conviction that occurred
   45  within the judicial circuit of the state attorney’s office;
   46         (b) The petitioner has presented a plausible claim of
   47  actual innocence which is:
   48         1. Supported by information or evidence not previously
   49  litigated before the original trier of fact; and
   50         2. Capable of being investigated and resolved; and
   51         (c) The petitioner’s direct appeal has become final, a
   52  mandate was issued, and there is no pending litigation relating
   53  to the conviction.
   54         (4)(a) If a petition includes a conviction that meets the
   55  requirements of subsection (3), the unit must initiate an
   56  investigation to determine whether the petitioner was convicted
   57  of an offense that he or she did not commit.
   58         (b) Once the investigation is complete, the unit shall
   59  present its findings and recommendations to the independent
   60  review panel. If the independent review panel agrees with the
   61  findings and recommendations, the unit shall make a final
   62  recommendation regarding the petitioner’s conviction to the
   63  state attorney.
   64         Section 2. This act shall take effect October 1, 2021.