HB 1477 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1477-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to access to DNA evidence and review 2
in capital cases; providing legislative findings and 3
intent; amending s. 921.142, F.S.; requiring a de novo 4
review of evidence in certain death penalty cases; 5
amending s. 925.11, F.S.; providing that defendants 6
sentenced to death has right to access DNA evidence 7
without interference from specified offices; providing 8
an effective date. 9
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Be It Enacted by the L egislature of the State of Florida: 11
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Section 1. The Legislature finds that the State of Florida 13
leads the nation in exonerations of persons sentenced in capital 14
cases. The intent of this act is to enable every potentially 15
innocent individual sentenced in a capital case to exhaust every 16
opportunity to prove his or her innocence and preserve life. 17
Section 2. Subsection (6) of section 921.142, Florida 18
Statutes, is amended to read: 19
921.142 Sentence of death or life imprisonment for capital 20
drug trafficking felonies; further proceedings to determine 21
sentence.— 22
(6) REVIEW OF JUDGMENT AND SENTENCE. —The judgment of 23
conviction and sentence of death shall be subject to automatic 24
review and disposition rendered by the Supreme Court of Florida 25
HB 1477 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1477-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
within 2 years after the filing of a notice of appeal. Such 26
review by the Supreme Court shall have priority over all other 27
cases and shall be heard in accordance with rules promulgated by 28
the Supreme Court. The court shall review the evidence de novo 29
if no physical evidence was presented and the conviction and 30
sentence were largely based on witness testimony. 31
Section 3. Subsection (4) of section 925.11, Florida 32
Statutes, is renumbered as subsection (5), and a new subsection 33
(4) is added to that section, to read: 34
925.11 Postsentencing DNA testing. — 35
(4) PERSONS SENTENCED TO DEATH. —Notwithstanding any other 36
provision of law, a person charged with a capital offense shall 37
maintain his or her right to access DNA evidence without 38
interference from the Attorney General or a state attorney. 39
Section 4. This act shall take effect July 1, 2022. 40