| 1 | Representative Joyner offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 37-39 and insert: |
| 5 | Section 2. Effective July 1, 2005, section 914.145, |
| 6 | Florida Statutes, is created to read: |
| 7 | 914.145 Wrongful convictions; civil damages.-- |
| 8 | (1) Any person convicted of a crime whose conviction was |
| 9 | based upon evidence fabricated or deceptively manipulated by any |
| 10 | law enforcement agency or state attorney shall have a civil |
| 11 | cause of action against the law enforcement agency or state |
| 12 | attorney that fabricated or deceptively manipulated the |
| 13 | evidence. |
| 14 | (2) Liability under subsection (1) shall be joint and |
| 15 | several. |
| 16 | (3) The statute of limitations applicable to a cause of |
| 17 | action created by this section shall: |
| 18 | (a) Run from the time a person convicted as described in |
| 19 | subsection (1) is exonerated in a court of law. |
| 20 | (b) Be as provided under s. 95.11(3)(o). |
| 21 | Section 3. Except as otherwise provided herein, this act |
| 22 | shall take effect upon becoming a law. The repeal of Rule 3.203, |
| 23 | Florida Rules of Criminal Procedure, in this act shall take |
| 24 | effect only if this act is enacted by a two-thirds vote of the |
| 25 | membership of each house of the Legislature. |
| 26 |
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| 27 | ================ T I T L E A M E N D M E N T ============= |
| 28 | Remove lines 2-5 and insert: |
| 29 |
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| 30 | An act relating to criminal law; repealing Rule 3.203, |
| 31 | Florida Rules of Criminal Procedure, relating to |
| 32 | imposition of the death penalty; creating s. 914.145, |
| 33 | F.S.; providing for civil damages for certain wrongful |
| 34 | criminal convictions; providing for joint and several |
| 35 | liability; providing an effective dates. |