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A bill to be entitled

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An act relating to the DNA testing of offenders; amending

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s. 943.325, F.S.; requiring persons who are charged with

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certain specified offenses and adjudicated mentally

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incompetent to stand trial to submit blood or other

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biological samples to the Department of Law Enforcement;

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providing an effective date.

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

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     Section 1.  Paragraphs (a), (b), and (c) of subsection (1)

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of section 943.325, Florida Statutes, are amended to read:

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     943.325  Blood or other biological specimen testing for DNA

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analysis.--

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

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convicted in this state for any offense or attempted offense

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enumerated in paragraph (b), and any person who is transferred to

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this state under Article VII of the Interstate Compact on

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Juveniles, part XIII of chapter 985, who has committed or

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attempted to commit an offense similarly defined by the

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transferring state, who is either:

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     a.1. Still incarcerated, or

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     b.2. No longer incarcerated, or has never been

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incarcerated, yet is within the confines of the legal state

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boundaries and is on probation, community control, parole,

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conditional release, control release, or any other type of court-

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ordered supervision,

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shall be required to submit two specimens of blood or other

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biological specimens approved by the Department of Law

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Enforcement to a Department of Law Enforcement designated testing

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facility as directed by the department.

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     2. Any person who is charged with any offense or attempted

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offense enumerated in paragraph (b) and adjudicated as mentally

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incompetent to stand trial pursuant to chapter 916 shall be

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required to submit two specimens of blood or other biological

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specimens approved by the Department of Law Enforcement to a

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designated testing facility as directed by the department.

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

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810.02, s. 812.133, or s. 812.135.

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

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appropriation, s. 812.13 or s. 812.131.

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

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appropriation, chapter 787 or s. 782.07.

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

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appropriation, any forcible felony, as described in s. 776.08;,

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aggravated child abuse, as described in s. 827.03(2);, aggravated

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abuse of an elderly person or a disabled adult, as described in

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s. 825.102(2);, or any felony violation of chapter 790 involving

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the use or possession of a firearm.

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

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appropriation, any felony offense.

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     (c)  As used in this section, the term "any person" includes

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both juveniles and adults who are:

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     1. Adjudicated as mentally incompetent to stand trial

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pursuant to chapter 916; or

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     2. Committed to a county jail or committed to or under the

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supervision of the Department of Corrections or the Department of

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Juvenile Justice, including persons incarcerated in a private

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correctional institution operated under contract pursuant to s.

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944.105.

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     Section 2.  This act shall take effect October 1, 2008.