Florida Senate - 2024                                     SB 764
       
       
        
       By Senator Stewart
       
       
       
       
       
       17-00499B-24                                           2024764__
    1                        A bill to be entitled                      
    2         An act relating to the retention of sexual offense
    3         evidence; amending s. 943.326, F.S.; requiring
    4         specified sexual offense evidence to be retained in a
    5         certain manner for a minimum amount of years after the
    6         collection date; requiring such evidence to be stored
    7         anonymously and with a documented chain of custody;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (3) of section 943.326, Florida
   13  Statutes, is amended, and subsection (1) of that section is
   14  republished, to read:
   15         943.326 DNA evidence collected in sexual offense
   16  investigations.—
   17         (1) A sexual offense evidence kit, or other DNA evidence if
   18  a kit is not collected, must be submitted to a member of the
   19  statewide criminal analysis laboratory system under s. 943.32
   20  for forensic testing within 30 days after:
   21         (a) Receipt of the evidence by a law enforcement agency if
   22  a report of the sexual offense is made to the law enforcement
   23  agency; or
   24         (b) A request to have the evidence tested is made to the
   25  medical provider or the law enforcement agency by:
   26         1. The alleged victim;
   27         2. The alleged victim’s parent, guardian, or legal
   28  representative, if the alleged victim is a minor; or
   29         3. The alleged victim’s personal representative, if the
   30  alleged victim is deceased.
   31         (3)(a) Except as provided in paragraph (b), a collected
   32  sexual offense evidence kit must be retained in a secure,
   33  environmentally safe manner until the prosecuting agency has
   34  approved its destruction.
   35         (b) A sexual offense evidence kit, or other DNA evidence if
   36  a kit is not collected, that is collected from a person who does
   37  not report a sexual offense to a law enforcement agency during
   38  the forensic physical examination and who does not make a
   39  request in compliance with paragraph (1)(b) must be retained in
   40  a secure, environmentally safe manner for a minimum of 8 years
   41  after the collection date. Collected sexual offense evidence
   42  involving sexual offenses that were not reported to a law
   43  enforcement agency must be stored anonymously and with a
   44  documented chain of custody.
   45         Section 2. This act shall take effect July 1, 2024.