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Florida Constitution Revision Commission

PUB 700607: Prohibit the Imprisonment and Execution of Wrongfully Convicted and Innocent Persons Solely Due to Procedural Technicalities. by Shannon o Helton

ARTICLE I: DECLARATION OF RIGHTS, Section 13. Habeas corpus.

SECTION 13.Habeas corpus.

(a) The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.

(b) No person shall be imprisoned or executed solely due to a procedural technicality. If a court, state or federal, finds that a person was wrongfully convicted or is actually innocent but is not entitled to relief, thus resulting in him or her continuing to remain in prison or face execution, solely due to a procedural technicality, he or she, not withstanding any other law, may seek and shall be granted a writ of habeas corpus to afford him or her the relief he or she was denied solely due to that procedural technicality. This provision shall apply both retroactively and prospectively.