CS for CS for CS for SB 764                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2024764e1
       
    1                        A bill to be entitled                      
    2         An act relating to retention of sexual offense
    3         evidence; amending s. 943.326, F.S.; requiring that
    4         specified sexual offense evidence be retained by
    5         specified entities for a minimum number of years after
    6         the collection date; requiring specified entities to
    7         transfer such sexual offense evidence to the
    8         Department of Law Enforcement within a specified time
    9         period; requiring the department to retain such sexual
   10         offense evidence; requiring that such evidence be
   11         stored anonymously, in a secure, environmentally safe
   12         manner, and with a documented chain of custody;
   13         providing requirements for the transferring, storing,
   14         and destruction of such sexual offense evidence;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 943.326, Florida Statutes, is amended to
   20  read:
   21         943.326 DNA evidence collected in sexual offense forensic
   22  physical examinations and investigations.—
   23         (1) A sexual offense evidence kit, or other DNA evidence if
   24  a kit is not collected, must be submitted to a member of the
   25  statewide criminal analysis laboratory system under s. 943.32
   26  for forensic testing within 30 days after:
   27         (a) Receipt of the evidence by a law enforcement agency if
   28  a report of the sexual offense is made to the law enforcement
   29  agency; or
   30         (b) A request to have the evidence tested is made to the
   31  medical provider or the law enforcement agency by:
   32         1. The alleged victim;
   33         2. The alleged victim’s parent, guardian, or legal
   34  representative, if the alleged victim is a minor; or
   35         3. The alleged victim’s personal representative, if the
   36  alleged victim is deceased.
   37         (2) An alleged victim or, if applicable, the person
   38  representing the alleged victim under subparagraph (1)(b)2. or
   39  3. must be informed of the purpose of submitting evidence for
   40  testing and the right to request testing under subsection (1)
   41  by:
   42         (a) A medical provider conducting a forensic physical
   43  examination for purposes of a sexual offense evidence kit; or
   44         (b) A law enforcement agency that collects other DNA
   45  evidence associated with the sexual offense if a kit is not
   46  collected under paragraph (a).
   47         (3)(a) Except as provided in paragraph (b), a collected
   48  sexual offense evidence kit, or other DNA evidence if a kit is
   49  not collected, that is collected from an alleged victim who
   50  reports a sexual offense to a law enforcement agency or who
   51  makes a request, or on whose behalf a request is made, for
   52  testing in compliance with paragraph (1)(b) must be retained in
   53  a secure, environmentally safe manner until the prosecuting
   54  agency has approved its destruction.
   55         (b)1.A sexual offense evidence kit that is collected from
   56  a person who does not report a sexual offense to a law
   57  enforcement agency during the forensic physical examination and
   58  who does not make a request, or have a request made on his or
   59  her behalf, in compliance with paragraph (1)(b) must be retained
   60  for a minimum of 50 years after the collection date. Within 30
   61  days after collecting such a kit, the medical facility or
   62  certified rape crisis center that collected the kit must
   63  transfer the kit to the department, which must maintain the kit
   64  in compliance with this subparagraph. A sexual offense evidence
   65  kit that is transferred and retained pursuant to this
   66  subparagraph must be stored anonymously, in a secure,
   67  environmentally safe manner, and with a documented chain of
   68  custody.
   69         2. If, at any time following the initial retention of a
   70  sexual offense evidence kit pursuant to subparagraph 1., an
   71  alleged victim makes a report to a law enforcement agency or
   72  makes a request, or has a request made on his or her behalf, for
   73  testing in compliance with paragraph (1)(b), the kit must be
   74  retained as described in paragraph (a) if the applicable time
   75  limitation under s. 775.15 has not expired and prosecution of a
   76  criminal case may still be commenced. In circumstances in which
   77  a criminal case may not be commenced because the applicable time
   78  limitation under s. 775.15 has expired, the kit must be
   79  maintained in a secure, environmentally safe manner until the
   80  department has approved its destruction.
   81         (4) The department and each laboratory within the statewide
   82  criminal analysis laboratory system, in coordination with the
   83  Florida Council Against Sexual Violence, shall adopt and
   84  disseminate guidelines and procedures for the collection,
   85  submission, and testing of DNA evidence that is obtained in
   86  connection with an alleged sexual offense. The timely submission
   87  and testing of sexual offense evidence kits is a core public
   88  safety issue. Testing of sexual offense evidence kits must be
   89  completed no later than 120 days after submission to a member of
   90  the statewide criminal analysis laboratory system.
   91         (a) The guidelines and procedures must include the
   92  requirements of this section, standards for how evidence is to
   93  be packaged for submission, what evidence must be submitted to a
   94  member of the statewide criminal analysis laboratory system, and
   95  timeframes for when the evidence must be submitted, analyzed,
   96  and compared to DNA databases.
   97         (b) The testing requirements of this section are satisfied
   98  when a member of the statewide criminal analysis laboratory
   99  system tests the contents of the sexual offense evidence kit in
  100  an attempt to identify the foreign DNA attributable to a
  101  suspect. If a sexual offense evidence kit is not collected, the
  102  laboratory may receive and examine other items directly related
  103  to the crime scene, such as clothing or bedding or personal
  104  items left behind by the suspect. If probative information is
  105  obtained from the testing of the sexual offense evidence kit,
  106  the examination of other evidence should be based on the
  107  potential evidentiary value to the case and determined through
  108  cooperation among the investigating agency, the laboratory, and
  109  the prosecutor.
  110         (c) The department shall, subject to appropriation by the
  111  Legislature, no later than July 1, 2023, create and maintain a
  112  statewide database to track the location, processing status, and
  113  storage of each sexual offense evidence kit collected after the
  114  implementation of the database that is accessible to law
  115  enforcement agencies and alleged victims and other persons
  116  listed in paragraph (1)(b). The database shall track the status
  117  of the kits from the collection site throughout the criminal
  118  justice process, including the initial collection at medical
  119  facilities, inventory and storage by law enforcement agencies or
  120  crime laboratories, analysis at crime laboratories, and storage
  121  or destruction after completion of analysis.
  122         (d) The department shall adopt rules establishing the
  123  requirements for each entity that participates in the database.
  124  Law enforcement agencies, medical facilities, crime
  125  laboratories, and any other facilities that collect, receive,
  126  maintain, store, or preserve sexual offense evidence kits shall
  127  participate in the database, as required by the department.
  128         (e) The department shall ensure that each alleged victim
  129  and other person listed in paragraph (1)(b) is notified of the
  130  existence of the database and provided with instructions on how
  131  to access it and informed that he or she is entitled to access
  132  to information regarding the alleged victim’s sexual offense
  133  evidence kit, including tracking information, testing status,
  134  and any DNA matches to a person deemed by investigators to be a
  135  suspect or person of interest. However, notification of a DNA
  136  match shall state only that a DNA match has occurred and may not
  137  contain any genetic or other identifying information. Such a
  138  notification may be delayed for up to 180 days if such
  139  notification would, in the opinion of investigators, negatively
  140  affect the investigation.
  141         (5) A violation of this section does not create:
  142         (a) A cause of action or a right to challenge the admission
  143  of evidence.
  144         (b) A cause of action for damages or any other relief.
  145         Section 2. This act shall take effect October 1, 2024.