Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 636
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2016           .                                

       The Committee on Criminal Justice (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    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.
   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.