Senate Bill sb0268c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                     CS for CS for SB 268

    By the Committees on Appropriations, Criminal Justice and
    Senator Silver




    309-1713-01

  1                      A bill to be entitled

  2         An act relating to DNA testing and analysis;

  3         amending s. 943.325, F.S.; requiring the

  4         Department of Law Enforcement to add certain

  5         felony offenses in a scheduled order to the DNA

  6         data banks's enumerated offenses; requiring the

  7         Department of Corrections to test certain

  8         violent felons in addition to those enumerated

  9         in the statute before being released from

10         custody; providing effective dates.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsection (1) of section 943.325, Florida

15  Statutes, is amended to read:

16         943.325  Blood specimen testing for DNA analysis.--

17         (1)(a)  Any person who is convicted or was previously

18  convicted in this state for any offense or attempted offense

19  enumerated in paragraph (b) defined in chapter 794, chapter

20  800, s. 782.04, s. 784.045, s. 810.02, s. 812.133, or s.

21  812.135 and who is either:

22         1.  Still incarcerated, or

23         2.  No longer incarcerated but is within the confines

24  of the legal state boundaries and is on probation, community

25  control, parole, conditional release, control release, or any

26  other type of court-ordered supervision,

27

28  shall be required to submit two specimens of blood to a

29  Department of Law Enforcement designated testing facility as

30  directed by the department.

31

                                  1

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






    Florida Senate - 2001                     CS for CS for SB 268
    309-1713-01




  1         (b)1.  Chapter 794, chapter 800, s. 782.04, s. 784.045,

  2  s. 810.02, s. 812.133, or s. 812.135.

  3         2.  Effective July 1, 2002, and contingent upon

  4  specific appropriation, s. 812.13 or s. 812.131.

  5         3.  Effective July 1, 2003, and contingent upon

  6  specific appropriation, chapter 787 or s. 782.07.

  7         4.  Effective July 1, 2004, and contingent upon

  8  specific appropriation, any forcible felony, as described in

  9  s. 776.08, aggravated child abuse, as described in s.

10  827.03(2), aggravated abuse of an elderly person or a disabled

11  adult, as described in s. 825.102(2), or any felony violation

12  of chapter 790 involving the use or possession of a firearm.

13         5.  Effective July 1, 2005, and contingent upon

14  specific appropriation, any felony offense.

15         (c)  As used in For the purpose of this section, the

16  term "any person" includes shall include both juveniles and

17  adults committed to a county jail or committed to or under the

18  supervision of the Department of Corrections or the Department

19  of Juvenile Justice, including persons incarcerated in a

20  private correctional institution operated under contract

21  pursuant to s. 944.105 or s. 957.03 or committed to a county

22  jail.

23         (d)  Effective July 1, 2001, any person who was

24  previously convicted in this state for any offense or

25  attempted offense enumerated in subparagraph (b)1.,

26  subparagraph (b)2., or subparagraph (b)3. and who is still

27  incarcerated or in the custody of the Department of Juvenile

28  Justice must submit, not less than 45 days before his or her

29  presumptive date of release from such incarceration or

30  commitment, two specimens of blood as directed by the

31

                                  2

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






    Florida Senate - 2001                     CS for CS for SB 268
    309-1713-01




  1  Department of Law Enforcement to a testing facility designated

  2  by the department.

  3         Section 2.  This act shall take effect July 1, 2001.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                            CS/SB 268

  7

  8  Provides that implementation of the timetable for expanding
    FDLE's DNA database is contingent upon specific appropriation
  9  in future years.

10  Deletes the term "violent felony offense" and provides that
    effective July 1, 2004, any person convicted or previously
11  convicted for any forcible felony, as described in s. 776.08,
    aggravated child abuse, as described in s. 827.03(2),
12  aggravated abuse of an elderly person or disabled adult, as
    described in s. 825.102(2), or any felony violation of chapter
13  790 involving the use or possession of a firearm must submit
    two specimens of blood to a testing facility designated by
14  FDLE.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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