Florida Senate - 2016 SB 636 By Senator Benacquisto 30-00495-16 2016636__ 1 A bill to be entitled 2 An act relating to evidence collected in sexual 3 assault investigations; creating s. 943.326, F.S.; 4 requiring that DNA evidence collected in sexual 5 assault investigations be submitted to a member of the 6 statewide criminal analysis laboratory system within a 7 specified period; providing for a request by an 8 alleged victim or specified representative for earlier 9 submission; requiring that an alleged victim be 10 informed of the right to demand earlier submission; 11 requiring rulemaking and providing requirements for 12 rules; requiring the Department of Law Enforcement to 13 submit a report by a specified date to the Governor 14 and the Legislature on how it will analyze the 15 unanalyzed forensic evidence in sexual assault cases 16 currently held in the statewide criminal analysis 17 laboratory system; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 943.326, Florida Statutes, is created to 22 read: 23 943.326 DNA evidence collected in sexual assault 24 investigations.— 25 (1) Any DNA evidence collected in a sexual assault 26 investigation must be submitted to a member of the statewide 27 criminal analysis laboratory system for forensic testing within 28 21 days after the forensic evidence is received by a law 29 enforcement agency or, if made earlier, a request to have the 30 evidence tested is made by: 31 (a) The alleged victim; 32 (b) The alleged victim’s parent or guardian, if the alleged 33 victim is a minor; or 34 (c) The alleged victim’s personal representative, if the 35 alleged victim is deceased. 36 (2) An alleged victim must be informed of the purpose of 37 the submission of the medical forensic evidence and the right to 38 demand testing as provided in subsection (1). 39 (3) The department shall adopt rules for forensic medical 40 evidence collected in connection with an alleged sexual assault. 41 The rules must include the requirements of this section and 42 standards for what evidence must be submitted to a member of the 43 statewide criminal analysis laboratory system and timeframes for 44 when the evidence must be submitted, analyzed, and compared to 45 DNA databases. 46 Section 2. By October 1, 2016, the Department of Law 47 Enforcement must submit a report to the Governor, the President 48 of the Senate, and the Speaker of the House of Representatives 49 setting out the plan the department will follow to analyze the 50 unanalyzed sexual assault forensic evidence currently held in 51 the statewide criminal analysis laboratory system by June 30, 52 2017. 53 Section 3. This act shall take effect July 1, 2016.