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FL S2538

Bill

Status

Failed

4/30/2010

Primary Sponsor

Ronda Storms

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Creates the "Judicial Fair Play Act" requiring prosecutors to investigate all evidence without prejudice and provide all exculpatory evidence to the defense in a timely manner, with failure to do so constituting evidence of prejudice and improper bias.

  • Establishes procedure for defendants to file affidavits alleging prosecutor or judge prejudice or improper bias, triggering appointment of investigators from other circuits and special prosecutors from the same circuit as the investigator to prosecute the case in a Supreme Court-designated judicial circuit.

  • Makes it a first-degree misdemeanor for judicial officers or prosecutors who engage in prejudicial acts, show improper bias, or withhold exculpatory evidence in criminal proceedings, punishable under Florida Statutes sections 775.082 or 775.083.

  • Amends section 925.11 to expand postsentence DNA testing eligibility to include cases where DNA results would have created a reasonable probability of acquittal if admitted at trial, in addition to existing exoneration or sentence mitigation grounds.

  • Takes effect July 1, 2010.

Legislative Description

Criminal Proceedings/Prejudice and Improper Bias [SPSC]

Last Action

Died in Committee on Criminal Justice

4/30/2010

Committee Referrals

Criminal Justice3/4/2010

Full Bill Text

No bill text available