Florida Senate - 2016 SB 368 By Senator Joyner 19-00513-16 2016368__ 1 A bill to be entitled 2 An act relating to evidence collected in sexual 3 assault investigations; providing legislative 4 findings; creating s. 943.326, F.S.; requiring law 5 enforcement agencies to adopt standards concerning 6 forensic evidence collected in investigations of 7 alleged sexual assaults; providing a time limit for 8 the processing of backlogged forensic medical 9 evidence; creating s. 938.086, F.S.; providing a 10 surcharge upon persons convicted of certain sexual 11 offenses; specifying that the proceeds of the 12 surcharge be used to process forensic medical evidence 13 submitted in investigations of alleged sexual 14 assaults; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. The Legislature finds that in the past rape kits 19 have not been processed for DNA evidence in some cases and in 20 other cases such processing has not taken place in a timely 21 manner. The Legislature finds that law enforcement agencies have 22 not always had formal policies concerning the submission of such 23 kits for processing and that the statewide criminal analysis 24 laboratory system has not always had sufficient funding to 25 promptly process the kits it receives. The Legislature intends 26 that all law enforcement agencies in the state adopt formal 27 policies to ensure that rape kits are promptly submitted and 28 that the funding of the statewide criminal analysis laboratory 29 system be addressed to help ensure that such kits are processed 30 in a timely manner. 31 Section 2. Section 943.326, Florida Statutes, is created to 32 read: 33 943.326 DNA evidence collected in sexual assault 34 investigations.—By January 1, 2017, each law enforcement agency 35 in the state shall adopt a policy concerning the handling and 36 submission for processing of forensic medical evidence collected 37 in connection with an alleged sexual assault. Such a policy must 38 include a requirement that the agency make every effort to 39 ensure that such evidence be processed and the results be 40 provided to the agency no later than 12 months after the date of 41 the alleged sexual assault. 42 Section 3. Forensic medical evidence collected in 43 connection with an alleged sexual assault before January 1, 44 2017, is not subject to the processing time limit in s. 943.326, 45 Florida Statutes, as created by this act; however, each law 46 enforcement agency in the state shall make every effort to 47 ensure that such evidence be processed as promptly as possible 48 and in no event shall the results be provided to the agency 49 later than January 1, 2020. 50 Section 4. Section 938.086, Florida Statutes, is created to 51 read: 52 938.086 Additional court cost for processing of forensic 53 medical evidence in alleged sexual assault cases.—In addition to 54 any sanction imposed when a person pleads guilty or nolo 55 contendere to, or is found guilty of, regardless of 56 adjudication, a violation of s. 393.135(2); s. 394.4593(2); s. 57 787.01; s. 787.02; s. 787.025(2)(c); s. 787.06(3)(b), (d), (f), 58 or (g); s. 794.011, excluding s. 794.011(10); s. 794.05; s. 59 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 60 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 61 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar 62 offense committed in this state which has been redesignated from 63 a former statute number to one of those listed in this section, 64 the court shall impose a surcharge of $1,000. Payment of the 65 surcharge shall be a condition of probation, community control, 66 or any other court-ordered supervision. The surcharge shall be 67 deposited into the Operating Trust Fund of the Department of Law 68 Enforcement to be used by the statewide criminal analysis 69 laboratory system or a local law enforcement agency to process 70 forensic medical evidence submitted in investigations of alleged 71 sexual assaults. 72 Section 5. This act shall take effect July 1, 2016.