Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 764
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/10/2024           .                                
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       The Committee on Criminal Justice (Stewart) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 943.326, Florida
    6  Statutes, is amended, and subsection (1) of that section is
    7  republished, to read:
    8         943.326 DNA evidence collected in sexual offense forensic
    9  physical examinations and investigations.—
   10         (1) A sexual offense evidence kit, or other DNA evidence if
   11  a kit is not collected, must be submitted to a member of the
   12  statewide criminal analysis laboratory system under s. 943.32
   13  for forensic testing within 30 days after:
   14         (a) Receipt of the evidence by a law enforcement agency if
   15  a report of the sexual offense is made to the law enforcement
   16  agency; or
   17         (b) A request to have the evidence tested is made to the
   18  medical provider or the law enforcement agency by:
   19         1. The alleged victim;
   20         2. The alleged victim’s parent, guardian, or legal
   21  representative, if the alleged victim is a minor; or
   22         3. The alleged victim’s personal representative, if the
   23  alleged victim is deceased.
   24         (3)(a) Except as provided in paragraph (b) a collected
   25  sexual offense evidence kit, or other DNA evidence if a kit is
   26  not collected, that is collected from an alleged victim who
   27  reports a sexual offense to a law enforcement agency or who
   28  makes a request, or on whose behalf a request is made, for
   29  testing in compliance with paragraph (1)(b), must be retained in
   30  a secure, environmentally safe manner until the prosecuting
   31  agency has approved its destruction.
   32         (b)1. A sexual offense evidence kit collected from a person
   33  who does not report a sexual offense to a law enforcement agency
   34  during the forensic physical examination and who does not make a
   35  request, or have a request made on his or her behalf, in
   36  compliance with paragraph (1)(b) must be retained for a minimum
   37  of 8 years from the collection date by the medical facility that
   38  collected the kit, a certified rape crisis center with
   39  appropriate storage capabilities, or a law enforcement agency. A
   40  sexual offense evidence kit retained pursuant to this
   41  subparagraph must be stored anonymously, in a secure,
   42  environmentally safe manner, and with a documented chain of
   43  custody.
   44         2. If, at any time following the initial retention of a
   45  sexual offense evidence kit pursuant to subparagraph (b)1., an
   46  alleged victim makes a report to a law enforcement agency or
   47  makes a request, or has a request made on his or her behalf, for
   48  testing in compliance with paragraph (1)(b), the kit must be
   49  retained as described in paragraph (3)(a).
   50         Section 2. This act shall take effect July 1, 2024.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete everything before the enacting clause
   55  and insert:
   56                        A bill to be entitled                      
   57         An act relating to retention of sexual offense
   58         evidence; amending s. 943.326, F.S.; establishing a
   59         minimum timeframe for the retention of specified
   60         sexual offense evidence; requiring specified protocols
   61         for the storing of specified sexual offense evidence;
   62         providing an effective date.