THE BILL ITSELF
HB 1127
Victims of Violence
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A bill to be entitled
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An act relating to victims of violence; providing a
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short title; amending s. 776.012, F.S.; defining
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terms; creating a rebuttable presumption that persons
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who use force in accordance with specified provisions
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against a known abuser act with a reasonable fear of
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imminent peril of death or great bodily harm;
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specifying when the rebuttable presumption applies;
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requiring a court to instruct a jury regarding the
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existence of the rebuttable presumption and the shift
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in the burden of proof if the rebuttable presumption
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applies; authorizing the court to determine whether
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the defendant has met the rebuttable presumption;
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specifying the admissibility of specified evidence at
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trial; creating s. 943.1721, F.S.; requiring the
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Department of Law Enforcement, in consultation with
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specified persons, to develop, implement, and mandate
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an evidence-based, trauma-informed training program
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for specified persons; providing training program
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requirements; requiring the department to adopt rules
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and submit annual reports beginning on a specified
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date; creating s. 947.271, F.S.; requiring the Florida
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Commission on Offender Review to establish the
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Survivor Self-Defense Case Review Panel; requiring the
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panel to perform specified tasks; requiring the
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commission to adopt rules and submit annual reports
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beginning on a specified date; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Survivor Safety
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Act."
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Section 2. Section 776.012, Florida Statutes, is amended
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to read:
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776.012 Use or threatened use of force in defense of
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person.—
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(1) As used in this section, the term:
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(a) "Child" has the same meaning as in s. 39.01.
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(b) "Documented history" means the existence of one or
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more of any of the following records regarding a person and a
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known abuser:
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1. A valid and unexpired injunction issued for protection
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against domestic violence under s. 741.30 or repeat violence,
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sexual violence, or dating violence under s. 784.046.
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2. A prior sworn criminal complaint, police report, arrest
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affidavit, or conviction record evidencing an act of domestic
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violence as defined in s. 741.28 or dating violence as defined
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in s. 784.046.
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3. Medical records or forensic examination reports
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documenting injuries consistent with domestic violence, repeat
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violence, sexual violence, or dating violence attributed to the
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known abuser.
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4. Certified records from a domestic violence center or
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similar agency documenting the person's status as a victim of
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abuse by the known abuser.
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(c) "Known abuser" means the recorded perpetrator of
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domestic violence, repeat violence, sexual violence, or dating
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violence against the person or the person's child, provided that
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this same individual is the person against whom force was used
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in the incident giving rise to the claim of self-defense.
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(2) A person is justified in using or threatening to use
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force, except deadly force, against another when and to the
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extent that the person reasonably believes that such conduct is
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necessary to defend himself or herself or another against the
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other's imminent use of unlawful force. A person who uses or
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threatens to use force in accordance with this subsection does
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not have a duty to retreat before using or threatening to use
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such force.
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(3)(2) A person is justified in using or threatening to
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use deadly force if he or she reasonably believes that using or
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threatening to use such force is necessary to prevent imminent
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death or great bodily harm to himself or herself or another or
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to prevent the imminent commission of a forcible felony. A
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person who uses or threatens to use deadly force in accordance
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with this subsection does not have a duty to retreat and has the
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right to stand his or her ground if the person using or
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threatening to use the deadly force is not engaged in a criminal
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activity and is in a place where he or she has a right to be.
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(4) There is a rebuttable presumption that a person who
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uses force in accordance with subsection (2) or subsection (3)
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against a known abuser acts with a reasonable fear of imminent
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peril of death or great bodily harm if the person establishes by
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a preponderance of the evidence that he or she has a documented
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history of domestic violence, repeat violence, sexual violence,
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or dating violence perpetrated by the known abuser against
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himself or herself or his or her child.
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(a) The rebuttable presumption applies if:
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1. A person presents credible evidence of a documented
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history;
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2. The person used force in response to an objectively
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reasonable apprehension of imminent peril of death or great
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bodily harm, sexual assault, or kidnapping based on the totality
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of the circumstances, taking into account the history of
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violence. The presumption acknowledges that prior violence
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informs the reasonableness of the person's perception of
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imminent harm;
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3. The person did not provoke or initiate the
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confrontation that led to the use of force, and was not engaged
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in any unlawful activity at the time; and
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4. The use of force occurred in a place where the person
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had a legal right to be.
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(b) If the rebuttable presumption applies, the court shall
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instruct the jury regarding the existence of this presumption
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and the shift in the burden of proof, and the prosecution bears
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the burden of rebutting the presumption beyond a reasonable
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doubt that a defendant acted with a reasonable fear of imminent
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peril of death or great bodily harm.
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(c) The court may determine in a pretrial evidentiary
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hearing whether the defendant has met the threshold showing of a
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documented history sufficient to meet the presumption for trial
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purposes.
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(d) Evidence of the documented history of domestic
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violence, repeat violence, sexual violence, or dating violence,
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including the specific acts underlying that history, are
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admissible at trial to support the defendant's claim of self-
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defense and the applicability of the rebuttable presumption.
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Such evidence is admissible regardless of whether the defendant
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knew of its existence at the precise moment force was used, to
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establish the context of the relationship and reasonableness of
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fear.
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Section 3. Section 943.1721, Florida Statutes, is created
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to read:
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943.1721 Trauma-informed training for legal personnel in
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domestic violence cases.—
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(1) The department, in consultation with the Office of the
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State Courts Administrator and recognized experts in domestic
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violence and dating violence trauma, shall develop, implement,
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and mandate an evidence-based, trauma-informed training program.
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This training must be required for:
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(a) Law enforcement officers, including patrol officers,
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detectives, and supervisors, involved in responding to or
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investigating domestic or dating violence incidents.
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(b) State attorneys and assistant state attorneys
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prosecuting criminal cases.
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(c) Judges presiding over criminal cases, including
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pretrial hearings, trials, and sentencing, involving allegations
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of domestic violence or dating violence or related self-defense
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claims.
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(2) The training program must provide practical
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instruction on recognizing common trauma responses in survivors,
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including, but not limited to, freezing, dissociation, memory
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fragmentation, and fear-based compliance; understanding dynamics
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of coercive control and entrapment; and applying trauma-informed
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techniques or interviews and evidence collection and assessing
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the context of self-defense claims to avoid misinterpreting
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survival behaviors.
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(3) The department shall adopt rules to establish a
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trauma-informed training program for the persons specified in
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paragraphs (1)(a)-(c), which rules must include standards for
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curriculum, frequency, and certification. The persons specified
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in paragraphs (1)(a)-(c) must complete training according to
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such rules.
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(4) The department shall submit a report by December 1,
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2027, and annually thereafter, to the Attorney General, the
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President of the Senate, and the Speaker of the House of
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Representatives regarding compliance and program effectiveness.
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(5) Federal and state grants may supplement any
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legislative appropriation to ensure continued funding and
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operation of the training program.
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Section 4. Section 947.271, Florida Statutes, is created
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to read:
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947.271 Survivor Self-Defense Case Review Panel.—
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(1) ESTABLISHMENT.—The commission shall establish a
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Survivor Self-Defense Case Review Panel to evaluate convictions
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where evidence of domestic violence, dating violence, or
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coercive control may have materially impacted the adjudication
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of self-defense claims.
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(2) PANEL FUNCTIONS.—The panel shall do all of the
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following:
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(a) Review petitions from incarcerated individuals
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convicted of offenses involving the use of force against an
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intimate partner or family or household member as defined in s.
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741.28 where:
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1. The petitioner presents documented evidence of prior
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abuse as a victim; and
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2. Self-defense was asserted at trial or would be relevant
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under s. 776.012.
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(b) Recommend appropriate remedies to the commission,
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including sentence reduction, conditional release, or support
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for postconviction relief motions.
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(c) Facilitate pro bono legal counsel for petitioners
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through partnerships with nonprofit legal service providers.
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(3) IMPLEMENTATION.—The commission shall adopt rules
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governing all of the following:
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(a) Application procedures and eligibility criteria.
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(b) Panel composition and operating standards.
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(c) Prioritization of cases based on length of
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incarceration, age, health, or other humanitarian factors.
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(d) Coordination with state attorneys, victim advocates,
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and the Justice Administrative Commission.
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(4) REPORTING.—The commission shall submit a report by
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December 1, 2027, and annually thereafter, to the Governor, the
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Attorney General, the President of the Senate, and the Speaker
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of the House of Representatives. The report must include all of
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the following:
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(a) The number of petitions received and reviewed;
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(b) Any recommended remedies; and
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(c) Any barriers to justice identified through panel work.
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Section 5. This act shall take effect July 1, 2026.