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Florida Constitution Revision Commission

PUB 700658: Provide Meaningful Prosecutorial Review of Claims of Actual Innocence, Potentially Wrongful Convictions, and Unjust Incarceration. by Shannon o Helton

ARTICLE V: JUDICIARY, Section 17. State attorneys.

SECTION 17.State attorneys.

(a) In each judicial circuit a state attorney shall be elected for a term of four years. Except as otherwise provided in this constitution, the state attorney shall be the prosecuting officer of all trial courts in that circuit and shall perform other duties prescribed by general law; provided, however, when authorized by general law, the violations of all municipal ordinances may be prosecuted by municipal prosecutors. A state attorney shall be an elector of the state and reside in the territorial jurisdiction of the circuit; shall be and have been a member of the bar of Florida for the preceding five years; shall devote full time to the duties of the office; and shall not engage in the private practice of law. State attorneys shall appoint such assistant state attorneys as may be authorized by law.

(b) The state attorney shall create a conviction review unit and assign at least one assistant state attorney to periodically work with investigators and legal support staff from his or her office and a wrongful convictions expert to thoroughly and fairly investigate and review claims of actual innocence, potentially wrongful convictions, and unjust incarceration before making non-binding recomendations, reviewed by an independent team of at least three attorneys from outside the state attorney's office, on whether the state attorney should file a motion requesting that a court vacate or reduce a conviction and/or sentence in the intrest of justice.