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FL H1363
Bill
Status
3/9/2012
Primary Sponsor
Richard Steinberg
Click for details
AI Summary
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Defines "violent felony" as a felony offense enumerated in s. 775.084(1)(c)1 or s. 948.06(8)(c) for purposes of the Victims of Wrongful Incarceration Compensation Act.
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Disqualifies wrongfully incarcerated persons from receiving compensation if they were convicted of or pled guilty/nolo contendere to a violent felony before, during, or after their wrongful incarceration, regardless of adjudication.
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Renders a wrongfully incarcerated person ineligible for any compensation if they commit a violent felony violation resulting in revocation of parole or community supervision.
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Requires petitioners seeking wrongful incarceration status to file a petition with the original sentencing court stating verifiable and substantial evidence of actual innocence and that they are not disqualified under s. 961.04.
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Establishes a 30-day response period for prosecuting authorities and procedures for court determination of wrongful incarceration status, with potential transfer to the Division of Administrative Hearings if facts are contested.
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Effective date: July 1, 2012.
Legislative Description
Compensation of Victims of Wrongful Incarceration
Last Action
Died in Criminal Justice Subcommittee
3/9/2012