Bill - Florida Innocence Inquiry Commission

Senate Bill sb2564 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 By Senator Hill 1-175-07 1 A bill to be entitled 2 An act relating to the investigation of the 3 innocence of convicted felons; creating ss. 4 940.201-940.212, F.S.; creating the Florida 5 Innocence Inquiry Commission; providing 6 definitions; providing legislative intent; 7 establishing the commission as an independent 8 commission located within the Executive Office 9 of the Governor for administrative purposes 10 only; providing for membership, meetings, terms 11 of office, and reimbursement of expenses; 12 requiring the commission to employ a director; 13 establishing qualifications of the director; 14 creating duties and responsibilities for the 15 commission; providing for the filing of claims 16 of innocence; requiring a claimant to waive 17 certain procedural rights; requiring the 18 claimant to sign an agreement with the 19 commission; providing for the claimant to be 20 represented by legal counsel; authorizing the 21 commission to use certain procedures to obtain 22 information relating to the claim of innocence; 23 providing procedures for the commission 24 proceedings; providing for judicial review of 25 claims found to demonstrate sufficient evidence 26 of factual innocence; providing procedures for 27 a court to review the claim of innocence; 28 prohibiting further review of a claim of 29 innocence; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 Section 1. Sections 940.201, 940.202, 940.203, 2 940.204, 940.205, 940.206, 940.207, 940.208, 940.209, 940.210, 3 940.211, and 940.212, Florida Statutes, are created to read: 4 940.201 Short title.--Sections 940.201-940.212 may be 5 cited as the "Florida Innocence Inquiry Commission Act." 6 940.202 Definitions.--As used in ss. 940.201-940.212, 7 the term: 8 (1) "Claim of factual innocence" means a claim on 9 behalf of a living person convicted of a felony in the circuit 10 court which asserts the complete innocence of any criminal 11 responsibility for the felony for which the person was 12 convicted and for any other reduced level of criminal 13 responsibility relating to the crime, and for which there is 14 some credible, verifiable evidence of innocence which has not 15 been presented at trial or considered at a hearing granted 16 through postconviction relief. 17 (2) "Claimant" means a person who files a claim with 18 the Florida Innocence Inquiry Commission alleging that he or 19 she is factually innocent of the felony for which he or she 20 was convicted. 21 (3) "Commission" means the Florida Innocence Inquiry 22 Commission. 23 (4) "Director" means the director of the Florida 24 Innocence Inquiry Commission. 25 (5) "Victim" means the victim of the crime or, if the 26 victim of the crime is deceased, the next of kin of the 27 victim. 28 940.203 Legislative intent.--The Legislature intends 29 to establish an extraordinary procedure by which to 30 investigate and determine credible claims of factual 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 innocence. The procedure requires an individual to voluntarily 2 waive rights and privileges as described in this act. 3 940.204 Florida Innocence Inquiry Commission 4 established.-- 5 (1) There is established the Florida Innocence Inquiry 6 Commission. The commission shall be an independent commission 7 and shall be located within the Executive Office of the 8 Governor for administrative purposes only. 9 (2) The Executive Office of the Governor shall provide 10 administrative support to the commission as needed. The 11 Executive Office of the Governor may not reduce or modify the 12 budget of the commission or use funds appropriated to the 13 commission without the approval of the commission. 14 940.205 Membership; chair; meetings; quorum.-- 15 (1)(a) The commission shall consist of nine members. 16 The Governor shall appoint all members of the commission. In 17 making each appointment, the Governor shall make a good faith 18 effort to appoint members who reflect the racial, ethnic, and 19 cultural diversity of the state's population. 20 (b) The Governor shall also appoint an alternate 21 commissioner for each commission member appointed. The 22 alternate commissioner shall serve in the event of a 23 scheduling conflict, a conflict of interest, the disability of 24 the appointed commissioner, or a disqualification arising in a 25 particular case. 26 (2) The commissioners shall select one of its members 27 as chair of the commission. 28 (3)(a) The commission shall hold its initial meeting 29 no later than January 31, 2008. The commission shall meet a 30 minimum of once every 6 months and may meet more often at the 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 call of the chair. The commission shall meet at a time and 2 place designated by the chair. 3 (b) Meetings of the commission shall be open to the 4 public and the commission must provide reasonable notice of 5 the meetings. A majority of the members constitute a quorum. 6 Except as provided in s. 940.210, all actions of the 7 commission shall be by majority vote. 8 940.206 Terms of members; compensation; expenses.-- 9 (1) The Governor shall appoint each member of the 10 commission for a 3-year term. A commissioner may not serve for 11 more than two consecutive 3-year terms. 12 (2) For the initial appointments, three of the members 13 shall be appointed to 1-year terms; three of the members shall 14 be appointed to 2-year terms; and three of the members shall 15 be appointed to 3-year terms. Thereafter, all terms shall be 16 for 3 years. 17 (3) All terms of members shall begin on January 1 and 18 end on December 31. The Governor may remove a member for 19 cause. Vacancies shall be filled by the Governor. 20 (4) The members of the commission shall serve without 21 compensation, but are entitled to reimbursement for per diem 22 and travel expenses pursuant to s. 112.061 while performing 23 their duties. 24 940.207 Director and other staff.--The commission 25 shall employ a director. The director must be an attorney who 26 is licensed to practice in this state at the time of 27 appointment and at all times during his or her service as the 28 director. The director shall assist the commission in drafting 29 rules for processing cases accepted for review, coordinate the 30 investigation of cases accepted for review, maintain records 31 of all case investigations, prepare reports describing 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 commission investigations and recommendations to a circuit 2 court, and apply for and accept on behalf of the commission 3 any funds that are available from government grants, private 4 gifts, donations, or bequests from any source. Subject to the 5 approval of the chair and as funds permit, the director shall 6 employ other staff and contract for services as necessary to 7 assist the commission in performing its duties. 8 940.208 Duties of the commission.--The commission 9 shall: 10 (1) Establish the criteria and screening process to be 11 used to determine which cases will be accepted for review. 12 (2) Conduct inquiries into claims of factual 13 innocence, with priority for investigation given to those 14 cases in which the convicted person is incarcerated solely for 15 the crime for which he or she claims factual innocence. 16 (3) Coordinate the investigation of cases accepted for 17 review. 18 (4) Maintain records of all case investigations. 19 (5) Prepare written reports detailing the 20 investigations and the recommendations to the circuit court at 21 the completion of each inquiry. 22 (6) Apply for and accept any funds that are available 23 for the commission's work from government grants, private 24 gifts, donations, or bequests from any source. 25 940.209 Claims of innocence; waiver of convicted 26 person's procedural safeguards and privileges; formal inquiry; 27 notification of the crime victim.-- 28 (1) A claim of factual innocence may be filed with the 29 commission by a court, an individual, or a governmental 30 entity. The decision to commence or refuse to commence a 31 formal inquiry regarding the claim of factual innocence shall 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 be made at the sole discretion of the commission. The 2 commission may informally screen and dismiss a case summarily 3 at its discretion. 4 (2)(a) A formal inquiry into a claim of innocence may 5 not begin unless the director or the director's designee 6 obtains a signed agreement from the claimant. The agreement 7 must acknowledge that the claimant waives his or her 8 procedural rights and privileges, agrees to cooperate with the 9 commission, and agrees to provide full disclosure to the 10 commission for all inquiries relating to the claim of 11 innocence. The waiver does not apply to any legal matter 12 unrelated to a claimant's claim of innocence. 13 (b) A claimant has the right to be represented by 14 counsel before executing the commission's agreement and, if a 15 formal inquiry is commenced, to be represented by counsel 16 throughout the formal inquiry. If the convicted person is 17 represented by private counsel, the claimant's counsel must be 18 present at the signing of the agreement. If the claimant is 19 not represented by counsel, the chair shall determine if the 20 claimant is indigent and, if so, enter an order for the 21 appointment of counsel for the purpose of advising the 22 claimant concerning the commission's agreement. 23 (3) If a formal inquiry is commenced into the 24 claimant's claim of factual innocence, the director must use 25 all due diligence to notify the victim in order to explain the 26 inquiry process. The director must advise the victim that he 27 or she has the right to be present at any hearing and to offer 28 his or her views throughout the commission's investigation. 29 (4) The commission may use any measure otherwise 30 provided to counsel in law or court rule to obtain the 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 information necessary to complete its inquiry. The commission 2 may: 3 (a) Issue process to compel the attendance of 4 witnesses and the production of documents or other evidence; 5 and 6 (b) Petition the Circuit Court of Leon County or the 7 circuit court in the county in which the claimant was 8 convicted to enforce the process to acquire the information or 9 for other relief. 10 (5) Any challenge with regard to the authority of the 11 commission to proceed or to the commission's claim for access 12 to information or evidence shall be heard by the chair, 13 including any in camera review required by law. 14 (6) When performing his or her duties for the 15 commission, the director or the director's designee may serve 16 subpoenas or other process issued by the commission throughout 17 the state in the same manner and with the same effect as an 18 officer authorized to serve process under law. 19 (7) All laws governing discovery and disclosure which 20 are in effect at the time of the formal inquiry shall be 21 enforceable as if the claimant were currently being tried for 22 the charge for which the claimant is claiming innocence. 23 (8) If at any point during an inquiry the claimant 24 refuses to comply with requests of the commission or is 25 otherwise deemed to be uncooperative by the commission, the 26 commission shall discontinue the inquiry. 27 940.210 Commission proceedings.-- 28 (1) At the completion of a formal inquiry, all 29 relevant evidence must be presented to the full commission at 30 a hearing. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 (2) The director shall use all due diligence to notify 2 the victim at least 30 days before the hearing held by the 3 full commission in regard to the victim's case. The director 4 must notify the victim that he or she may attend the hearing. 5 If the victim plans to attend the hearing, the victim must 6 notify the commission at least 10 days before the hearing of 7 his or her intent to attend. 8 (3) After hearing the evidence on the claim of factual 9 innocence, the full commission shall vote to dispose of the 10 case as provided by this subsection. All members of the 11 commission must vote. 12 (a) If a majority of the commission decides that there 13 is reasonable cause to believe that the claimant is factually 14 innocent of the crime for which the claimant was convicted, 15 the claimant may bring an action in the circuit court in the 16 circuit in which the claimant was convicted. The election by 17 the claimant to file the action is the exclusive procedure 18 available to the claimant pursuant to this act. 19 (b) If the commission unanimously decides that there 20 is reasonable cause to believe that the claimant is factually 21 innocent of the crime for which the claimant was convicted 22 following a plea of guilty, the claimant may bring an action 23 in the circuit court in the circuit in which the claimant was 24 convicted. The election by the claimant to file the action is 25 the exclusive procedure available to the claimant pursuant to 26 this act. 27 (c) If the commission believes that there is 28 reasonable cause to believe that the claimant is factually 29 innocent, the director shall prepare a report of the hearing, 30 including the findings of fact and conclusions of law, and 31 present the report and recommendation of reasonable cause to 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 the chief judge of the circuit in which the claimant was 2 convicted by filing the report and recommendation with the 3 clerk of court. The report and recommendation shall be sent to 4 the state attorney in noncapital cases and to the state 5 attorney and Attorney General in capital cases. 6 (d) If the commission believes that the claimant is 7 factually innocent, the claimant must bring the action in 8 circuit court within 1 year after the date of the report and 9 recommendation is received by the circuit court. 10 (4) If the commission determines that there is not 11 reasonable cause to believe that the claimant is factually 12 innocent of the crime for which the claimant was convicted or 13 to which the claimant entered a plea of guilty, the commission 14 shall dismiss the claim of factual innocence. 15 (5) Evidence of criminal acts, professional 16 misconduct, or other wrongdoing that is disclosed through 17 formal inquiry or commission proceedings shall be referred to 18 the appropriate authority. Evidence favorable to the claimant 19 which is disclosed through formal inquiry or commission 20 proceedings shall be disclosed to the claimant and to the 21 counsel of the claimant, if the claimant has counsel. 22 (6) All proceedings of the commission shall be 23 recorded and transcribed as part of the record. All votes of 24 the commission members shall be recorded in the record. 25 940.211 Civil action.-- 26 (1) In any civil action filed under s. 940.210, the 27 court shall determine if the claimant is factually innocent of 28 the crime for which the claimant was convicted or for which 29 the claimant filed a plea of guilty. The civil action must be 30 filed in the circuit court in the judicial circuit in which 31 the claimant was convicted. 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 (2) The judge shall enter an order setting the case 2 for hearing and shall require the state to file a response to 3 the report and recommendation of the commission within 60 days 4 after the date of the order. 5 (3) The state attorney or the state attorney's 6 designee shall represent the state in the civil action before 7 the court. 8 (4) The court shall conduct an evidentiary hearing. At 9 the hearing, the court may compel the testimony of any 10 witness, including the claimant. The claimant may not assert 11 any privilege or prevent a witness from testifying. The 12 claimant has a right to be present at the evidentiary hearing 13 and to be represented by counsel. A waiver of the right to be 14 present must be in writing. 15 (5) The court shall determine if the claimant is 16 indigent and, if so, enter an order appointing counsel for the 17 claimant. The court may also enter an order relieving an 18 indigent claimant of all or a portion of the costs of the 19 proceedings. 20 (6) The clerk of court shall provide written 21 notification to the victim at least 30 days before any 22 case-related hearings. 23 (7) Upon the motion of either party, the court may 24 direct the attorneys for the parties to appear for a 25 conference on any matter in the case. 26 (8) The court shall issue an order determining if the 27 claimant has proven by clear and convincing evidence that the 28 claimant is innocent of the charges. 29 940.212 No right to further review of decision; 30 convicted person retains right to other postconviction 31 relief.-- 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2007 SB 2564 1-175-07 1 (1) Unless otherwise authorized by this act, the 2 decisions of the commission and of the court are final and are 3 not subject to further review by appeal, certification, writ, 4 motion, or otherwise. 5 (2) A claim of factual innocence asserted through the 6 commission does not adversely affect the convicted person's 7 rights to other postconviction relief. 8 Section 2. This act shall take effect upon becoming a 9 law. 10 11 ***************************************** 12 SENATE SUMMARY 13 Creates the Florida Innocence Inquiry Commission. Establishes the commission as an independent commission 14 located within the Executive Office of the Governor. Provides for membership, meetings, terms of office, and 15 reimbursement of expenses. Requires the commission to employ a director and establishes the qualifications of 16 the director. Creates duties and responsibilities of the commission. Provides for the filing of claims of 17 innocence. Requires a claimant to waive certain procedural rights. Provides for the claimant to be 18 represented by legal counsel. Authorizes the commission to use certain procedures to obtain information relating 19 to the claim of innocence. Provides for judicial review of claims found to demonstrate sufficient evidence of 20 factual innocence. Prohibits further review of a claim of innocence. 21 22 23 24 25 26 27 28 29 30 31 11 CODING: Words stricken are deletions; words underlined are additions.

Copyright © 1995-2006 The Florida Legislature • Privacy Statement • Contact Us