Senate Bill sb0456

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    Florida Senate - 2007                                   SB 456

    By Senator Siplin





    19-268-07

  1                      A bill to be entitled

  2         An act relating to wrongful criminal

  3         convictions; creating s. 914.145, F.S.;

  4         providing for civil damages for certain

  5         wrongful criminal convictions; providing for

  6         joint and several liability; providing a

  7         statute of limitations; providing an effective

  8         date.

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

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12         Section 1.  Section 914.145, Florida Statutes, is

13  created to read:

14         914.145  Wrongful convictions; civil damages.--

15         (1)  Any person convicted of a crime whose conviction

16  was based upon evidence that was fabricated or deceptively

17  manipulated by any law enforcement agency or state attorney's

18  office shall have a civil cause of action against the law

19  enforcement agency or state attorney's office that fabricated

20  or deceptively manipulated the evidence.

21         (2)  Liability under subsection (1) shall be joint and

22  several.

23         (3)  The statute of limitations applicable to a cause

24  of action created by this section shall:

25         (a)  Run from the time a person convicted as described

26  in subsection (1) is exonerated in a court of law.

27         (b)  Be as provided under s. 95.11(3)(o).

28         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                   SB 456
    19-268-07




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 2                          SENATE SUMMARY

 3    Provides that a person whose conviction is based upon
      fabricated or manipulated evidence has a civil cause of
 4    action against the law enforcement agency or state
      attorney's office that fabricated or manipulated the
 5    evidence. Provides for joint and several liability.

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