Florida Senate - 2014                                     SB 148
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00077-14                                            2014148__
    1                        A bill to be entitled                      
    2         An act relating to DNA evidence; creating the
    3         “Sentencing Procedures Applying Reasonable Evidence
    4         (SPARE) Act”; providing legislative intent; defining
    5         terms; requiring the state to administer a DNA test
    6         before imposing the death penalty on a convicted
    7         felon; providing exceptions; providing an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. (1) This act may be cited as the “Sentencing
   13  Procedures Applying Reasonable Evidence (SPARE) Act.”
   14         (2) It is the intent of the Legislature, if it is at all
   15  possible, to prevent the wrongful incarceration and execution of
   16  an individual innocent of the crime charged and to alleviate the
   17  financial burden placed on taxpayers by the lengthy appeals
   18  process for individuals who may be later exonerated.
   19         (3) As used in this section, the term:
   20         (a) “Accused” means an individual against whom a criminal
   21  action is brought.
   22         (b) “Confession” means a written or oral statement
   23  acknowledging guilt by an accused of an offense.
   24         (c) “DNA testing” means DNA testing administered to the
   25  accused.
   26         (d) “Exonerated” means the freeing or clearing of a
   27  convicted defendant from an accusation of guilt of a crime of
   28  which the defendant is accused.
   29         (e) “Technological evidence” means evidence that furnishes
   30  proof through an advanced or sophisticated device, including a
   31  video camera.
   32         (4)(a) Except as provided in paragraph (b), the state may
   33  not impose the death penalty upon a defendant convicted of
   34  aggravated first-degree murder unless DNA testing evidence is
   35  introduced and assists in the conviction of the accused.
   36         (b) The death penalty may be imposed without DNA testing
   37  and DNA evidence if:
   38         1. The accused has executed a confession acknowledging
   39  guilt of the crime for which the accused has been charged; or
   40         2. Technological evidence exists showing that the accused
   41  committed the offense charged.
   42         Section 2. This act shall take effect July 1, 2014.