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FL H1363

Bill

Status

Failed

3/9/2012

Primary Sponsor

Richard Steinberg

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • 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.

  • 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.

  • Renders a wrongfully incarcerated person ineligible for any compensation if they commit a violent felony violation resulting in revocation of parole or community supervision.

  • 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.

  • 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.

  • Effective date: July 1, 2012.

Legislative Description

Compensation of Victims of Wrongful Incarceration

Last Action

Died in Criminal Justice Subcommittee

3/9/2012

Committee Referrals

Criminal Justice Subcommittee1/12/2012

Full Bill Text

No bill text available