Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 636 Ì320858EÎ320858 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/25/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 943.326, Florida Statutes, is created to 6 read: 7 943.326 DNA evidence collected in sexual offense 8 investigations.— 9 (1) A sexual offense evidence kit, or other DNA evidence if 10 a kit is not collected, must be submitted to a member of the 11 statewide criminal analysis laboratory system under s. 943.32 12 for forensic testing within 30 days after: 13 (a) Receipt of the evidence by a law enforcement agency if 14 a report of the sexual offense is made to the law enforcement 15 agency; or 16 (b) A request to have the evidence tested is made to the 17 medical provider or the law enforcement agency by: 18 1. The alleged victim; 19 2. The alleged victim’s parent, guardian, or legal 20 representative, if the alleged victim is a minor; or 21 3. The alleged victim’s personal representative, if the 22 alleged victim is deceased. 23 (2) An alleged victim or, if applicable, the person 24 representing the alleged victim under subparagraph (1)(b)2. or 25 subparagraph (1)(b)3. must be informed of the purpose of 26 submitting evidence for testing and the right to request testing 27 under subsection (1) by: 28 (a) A medical provider conducting a forensic physical 29 examination for purposes of a sexual offense evidence kit; or 30 (b) A law enforcement agency that collects other DNA 31 evidence associated with the sexual offense if a kit is not 32 collected under paragraph (a). 33 (3) A collected sexual offense evidence kit must be 34 retained in a secure, environmentally safe manner until the 35 prosecuting agency has approved its destruction. 36 (4) By January 1, 2017, the department and each laboratory 37 within the statewide criminal analysis laboratory system, in 38 coordination with the Florida Council Against Sexual Violence, 39 shall adopt and disseminate guidelines and procedures for the 40 collection, submission, and testing of DNA evidence that is 41 obtained in connection with an alleged sexual offense. The 42 timely submission and testing of sexual offense evidence kits is 43 a core public safety issue. Testing of sexual offense evidence 44 kits must be completed no later than 120 days after submission 45 to a member of the statewide criminal analysis laboratory 46 system. 47 (a) The guidelines and procedures must include the 48 requirements of this section, standards for how evidence is to 49 be packaged for submission, what evidence must be submitted to a 50 member of the statewide criminal analysis laboratory system, and 51 timeframes for when the evidence must be submitted, analyzed, 52 and compared to DNA databases. 53 (b) The testing requirements of this section are satisfied 54 when a member of the statewide criminal analysis laboratory 55 system tests the contents of the sexual offense evidence kit in 56 an attempt to identify the foreign DNA attributable to a 57 suspect. If a sexual offense evidence kit is not collected, the 58 laboratory may receive and examine other items directly related 59 to the crime scene, such as clothing or bedding or personal 60 items left behind by the suspect. If probative information is 61 obtained from the testing of the sexual offense evidence kit, 62 the examination of other evidence should be based on the 63 potential evidentiary value to the case and determined through 64 cooperation among the investigating agency, the laboratory, and 65 the prosecutor. 66 (5) This section does not create a cause of action or 67 create any rights for an individual to challenge the admission 68 of evidence or create a cause of action for damages or any other 69 relief for a violation of this section. 70 Section 2. This act shall take effect July 1, 2016. 71 72 ================= T I T L E A M E N D M E N T ================ 73 And the title is amended as follows: 74 Delete everything before the enacting clause 75 and insert: 76 A bill to be entitled 77 An act relating to evidence collected in sexual 78 offense investigations; creating s. 943.326, F.S.; 79 requiring that a sexual offense evidence kit or other 80 DNA evidence be submitted to a member of the statewide 81 criminal analysis laboratory system within a specified 82 timeframe after specified occurrences; requiring a 83 medical provider or law enforcement agency to inform 84 an alleged victim of a sexual offense of certain 85 information relating to sexual offense evidence kits; 86 requiring the retention of specified evidence; 87 requiring adoption and dissemination of guidelines and 88 procedures by certain entities by a specified date; 89 requiring the testing of sexual offense evidence kits 90 within a specified timeframe after submission to a 91 member of the statewide criminal analysis laboratory; 92 providing requirements for such guidelines and 93 procedures; providing construction; providing an 94 effective date.