| 1 | A bill to be entitled | 
| 2 | An act relating to time limitations for criminal | 
| 3 | prosecutions; amending s. 775.15, F.S.; specifying the | 
| 4 | applicability period of a provision allowing an additional | 
| 5 | limitations period for specified offenses in certain | 
| 6 | circumstances; providing that a prosecution for specified | 
| 7 | offenses, unless otherwise barred by law, may be commenced | 
| 8 | at any time after the date on which the identity of the | 
| 9 | accused is established, or should have been established by | 
| 10 | the exercise of due diligence, through the analysis of | 
| 11 | deoxyribonucleic acid (DNA) evidence; providing an | 
| 12 | effective date. | 
| 13 | 
 | 
| 14 | Be It Enacted by the Legislature of the State of Florida: | 
| 15 | 
 | 
| 16 | Section 1.  Subsection (15) of section 775.15, Florida | 
| 17 | Statutes, is amended, and subsection (16) is added to that | 
| 18 | section, to read: | 
| 19 | 775.15  Time limitations; general time limitations; | 
| 20 | exceptions.-- | 
| 21 | (15)(a)  In addition to the time periods prescribed in this | 
| 22 | section, a prosecution for any of the following offenses may be | 
| 23 | commenced within 1 year after the date on which the identity of | 
| 24 | the accused is established, or should have been established by | 
| 25 | the exercise of due diligence, through the analysis of | 
| 26 | deoxyribonucleic acid (DNA) evidence, if a sufficient portion of | 
| 27 | the evidence collected at the time of the original investigation | 
| 28 | and tested for DNA is preserved and available for testing by the | 
| 29 | accused: | 
| 30 | 1.  An offense of sexual battery under chapter 794. | 
| 31 | 2.  A lewd or lascivious offense under s. 800.04 or s. | 
| 32 | 825.1025. | 
| 33 | (b)  This subsection applies to any offense that is not | 
| 34 | otherwise barred from prosecution between on or afterJuly 1, | 
| 35 | 2004, and June 30, 2006. | 
| 36 | (16)(a)  In addition to the time periods prescribed in this | 
| 37 | section, a prosecution for any of the following offenses may be | 
| 38 | commenced at any time after the date on which the identity of | 
| 39 | the accused is established, or should have been established by | 
| 40 | the exercise of due diligence, through the analysis of | 
| 41 | deoxyribonucleic acid (DNA) evidence, if a sufficient portion of | 
| 42 | the evidence collected at the time of the original investigation | 
| 43 | and tested for DNA is preserved and available for testing by the | 
| 44 | accused: | 
| 45 | 1.  Aggravated battery or any felony battery offense under | 
| 46 | chapter 784. | 
| 47 | 2.  Kidnapping under s. 787.01 or false imprisonment under | 
| 48 | s. 787.02. | 
| 49 | 3.  An offense of sexual battery under chapter 794. | 
| 50 | 4.  A lewd or lascivious offense under s. 800.04 or s. | 
| 51 | 825.1025. | 
| 52 | 5.  A burglary offense under s. 810.02. | 
| 53 | 6.  A robbery offense under s. 812.13, s. 812.131, or s. | 
| 54 | 812.135. | 
| 55 | 7.  Carjacking under s. 812.133. | 
| 56 | 8.  Aggravated child abuse under s. 827.03. | 
| 57 | (b)  This subsection applies to any offense that is not | 
| 58 | otherwise barred from prosecution on or after July 1, 2006. | 
| 59 | Section 2.  This act shall take effect July 1, 2006. |