1(1) 2The charges against a defendant adjudicated incompetent to proceed due to mental illness shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed for 5 continuous, uninterrupted years after such determination, unless the court in its order specifies its reasons for believing that the defendant will become competent to proceed within the foreseeable future and specifies the time within which the defendant is expected to become competent to proceed. The court may dismiss such charges at least 3 years after such determination, unless the charge is:93(a) 94Arson;
95(b) 96Sexual battery;
98(c) 99Robbery;
100(d) 101Kidnapping;
102(e) 103Aggravated child abuse;
106(f) 107Aggravated abuse of an elderly person or disabled adult;
116(g) 117Aggravated assault with a deadly weapon;
123(h) 124Murder;
125(i) 126Manslaughter;
127(j) 128Aggravated manslaughter of an elderly person or disabled adult;
137(k) 138Aggravated manslaughter of a child;
143(l) 144Unlawful throwing, projecting, placing, or discharging of a destructive device or bomb;
156(m) 157Armed burglary;
159(n) 160Aggravated battery;
162(o) 163Aggravated stalking;
165(p) 166A forcible felony as defined in s. 173776.08 174and not listed elsewhere in this subsection; 181(q) 182An offense where an element of the offense requires the possession, use, or discharge of a firearm;
199(r) 200An attempt to commit an offense listed in this subsection;
210(s) 211An offense allegedly committed by a defendant who has had a forcible or violent felony conviction within the 5 years immediately preceding the date of arrest for the nonviolent felony sought to be dismissed;
245(t) 246An offense allegedly committed by a defendant who, after having been found incompetent and placed under court supervision in a community-based program, is formally charged by a state attorney or the Office of the Statewide Prosecutor with a new felony offense; or
288(u) 289An offense for which there is an identifiable victim and such victim has not consented to the dismissal.
