Miami-Dade Legislative Item
File Number: 053016
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File Number: 053016 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1366-05 Control: County Commission
File Name: REMOVE TIME LIMITS FOR POST-SENTENCING OF DNA TESTING Introduced: 10/31/2005
Requester: NONE Cost: Final Action: 12/6/2005
Agenda Date: 12/6/2005 Agenda Item Number: 11A20
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION REMOVING THE TIME LIMITS FOR FILING POST-SENTENCING DNA TESTING, EXTENDING TIME PERIODS FOR THE PRESERVATION OF PHYSICAL EVIDENCE, AND PROVIDING FOR RETROACTIVE APPLICATION OF POST-SENTENCING DNA TESTING
Indexes: DNA TESTING
Sponsors: Katy Sorenson, Prime Sponsor
  Dr. Barbara Carey-Shuler, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/6/2005 11A20 Adopted P

Intergov., Recreation & Cultural Affairs Cmte. 11/9/2005 2H Forwarded with a favorable recommendation P
REPORT: Assistant County Attorney Maldonado read the foregoing proposed resolution into the record. Chairwoman Heyman asked to be listed as co-sponsor of this resolution.

County Attorney 10/31/2005 Assigned Intergov., Recreation & Cultural Affairs Cmte. 11/9/2005

County Attorney 10/31/2005 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION REMOVING THE TIME LIMITS FOR FILING POST-SENTENCING DNA TESTING, EXTENDING TIME PERIODS FOR THE PRESERVATION OF PHYSICAL EVIDENCE, AND PROVIDING FOR RETROACTIVE APPLICATION OF POST-SENTENCING DNA TESTING

BODY
WHEREAS, many Florida prisoners were convicted before DNA evidence was routinely tested; and
WHEREAS, there is currently an October 1, 2005 deadline for filing post-sentencing DNA testing; and
WHEREAS, after the October 1, 2005 deadline, these prisoners will not be allowed to submit claims to obtain DNA testing of the evidence used in their conviction; and
WHEREAS, almost 700 Florida prisoners have applications that are currently backed up in an overloaded system and may not meet the deadline, even though they have already been filed; and
WHEREAS, new DNA testing may determine that some of these prisoners were wrongly convicted; and
WHEREAS, the existence of an effective post-conviction DNA statute will make Florida eligible for federal aid under legislation President Bush signed in 2004; and
WHEREAS, bills have been filed for the 2006 legislative session that would remove the time limit for filing petitions for post-sentencing DNA testing, including SB 186 by Senator Alex Villalobos, HB 61 by Representative Ellyn Bogdanoff, and HB 71 by Representative Phillip Brutus,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges Florida Legislature to pass legislation removing time limits for filing petitions for post-sentencing DNA testing, extending time periods for the preservation of physical evidence, and providing for retroactive application of post-sentencing DNA testing.
Section 2. The Clerk of the Board is directed to transmit a certified copy of this resolution to the Chair and members of the Miami- Dade County State Legislative Delegation.
Section 3. This Board directs the County's state lobbyists to advocate against the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2006 State Legislative Package.



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