Florida Senate - 2022 SB 660
By Senator Cruz
18-00422-22 2022660__
1 A bill to be entitled
2 An act relating to sexual offense victim rights;
3 amending s. 943.326, F.S.; requiring the Department of
4 Law Enforcement to create statewide policies and
5 procedures regarding contact with alleged victims, or
6 their representatives, concerning sexual offense
7 evidence kits; requiring the department to ensure that
8 law enforcement agencies adopt the statewide policies
9 and procedures; specifying requirements for the
10 policies and procedures; requiring that each alleged
11 victim of a sexual offense be notified of specified
12 rights; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Present subsection (5) of section 943.326,
17 Florida Statutes, is redesignated as subsection (6), a new
18 subsection (5) is added to that section, and paragraph (f) is
19 added to subsection (4) of that section, to read:
20 943.326 DNA evidence collected in sexual offense
21 investigations.—
22 (4) The department and each laboratory within the statewide
23 criminal analysis laboratory system, in coordination with the
24 Florida Council Against Sexual Violence, shall adopt and
25 disseminate guidelines and procedures for the collection,
26 submission, and testing of DNA evidence that is obtained in
27 connection with an alleged sexual offense. The timely submission
28 and testing of sexual offense evidence kits is a core public
29 safety issue. Testing of sexual offense evidence kits must be
30 completed no later than 120 days after submission to a member of
31 the statewide criminal analysis laboratory system.
32 (f) The department shall create statewide policies and
33 procedures regarding contact with an alleged victim or, if
34 applicable, the person representing the alleged victim under
35 subparagraph (1)(b)2. or subparagraph (1)(b)3. concerning sexual
36 offense evidence kits and shall ensure that each law enforcement
37 agency adopts such policies and procedures. The policies and
38 procedures must be trauma-informed and survivor-focused and must
39 require:
40 1. Each law enforcement agency to designate at least one
41 person trained in trauma and victim response to receive all
42 inquiries concerning sexual offense evidence kits and to serve
43 as a liaison between the law enforcement agency and the alleged
44 victim or the alleged victim’s representative.
45 2. Alleged victims of a sexual offense be provided with the
46 contact information for the designated liaison at the time that
47 a sexual offense evidence kit is collected.
48 3. In advance of or at the beginning of a medical forensic
49 examination or a law enforcement interview, that medical
50 professionals, victim advocates, law enforcement officers, or
51 prosecutors provide the alleged victim with a victim’s rights
52 information card or brochure as required under s. 960.001, which
53 must also contain the rights granted under this section. This
54 card or brochure must be available, at a minimum, in English,
55 Spanish, and Creole.
56 (5) Each alleged victim of a sexual offense shall be
57 notified of her or his right to:
58 (a) Consult with a sexual offense victim advocate who can
59 provide confidentiality and privileged communications, and that
60 waiving the right to a victim advocate in one instance does not
61 negate this right. The medical facility, law enforcement
62 officer, or prosecutor shall inform the alleged victim of this
63 right in advance of or at the beginning of a medical forensic
64 examination or law enforcement interview, and the examination or
65 interview may not continue unless the alleged victim knowingly
66 and voluntarily waives this right.
67 (b) Be informed, upon request, of the location, testing
68 date, and testing results of a sexual offense evidence kit;
69 whether a DNA profile was obtained from the sexual offense
70 evidence kit; whether there are matches to DNA profiles in state
71 or federal databases; and the estimated destruction date for the
72 sexual offense evidence kit, all in a manner of communication
73 designated by the alleged victim.
74 (c) Be informed when there is any change in the status of
75 the alleged victim’s case, including if the case has been closed
76 or reopened.
77 (d) Receive written notification, upon request, from the
78 appropriate official with custody of an alleged victim’s sexual
79 offense evidence kit not later than 60 days before the date of
80 the intended destruction or disposal.
81 (e) Be granted further preservation of the sexual offense
82 evidence kit or its probative contents.
83 (f) Designate a person of the alleged victim’s choosing to
84 act as a recipient of the information provided under this
85 subsection.
86 (g) Be informed about how to file a report with law
87 enforcement and have the sexual offense evidence kit tested in
88 the future if the alleged victim chose not to file a report when
89 the sexual offense evidence kit was first collected.
90 (h) Be informed about the right to apply for victim
91 compensation.
92 Section 2. This act shall take effect July 1, 2022.