Florida Senate - 2019 SB 606 By Senator Pizzo 38-01549-19 2019606__ 1 A bill to be entitled 2 An act relating to sexual battery offenses; amending 3 s. 775.15, F.S.; increasing the statute of limitations 4 period for specified sexual battery offenses committed 5 on or after a specified date; amending s. 943.326, 6 F.S.; requiring the Department of Law Enforcement to 7 adopt a system for tracking sexual offense evidence 8 test kits by a specified date; requiring the 9 department to develop policies and procedures 10 concerning victim access to information from such 11 kits; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (b) of subsection (14) of section 16 775.15, Florida Statutes, is amended to read: 17 775.15 Time limitations; general time limitations; 18 exceptions.— 19 (14) 20 (b)1. Except as provided in paragraph (a) or paragraph 21 (13)(b), a prosecution for a first or second degree felony 22 violation of s. 794.011, if the victim is 16 years of age or 23 older at the time of the offense, must be commenced within 8 24 years after the violation is committed. This subparagraph 25
paragraphapplies to any such offense except an offense the 26 prosecution of which would have been barred by subsection (2) on 27 or before July 1, 2015. 28 2. Except as provided in paragraph (a) or paragraph 29 (13)(b), a prosecution for a first or second degree felony 30 violation of s. 794.011, if the victim is 16 years of age or 31 older at the time of the offense, must be commenced within 15 32 years after the violation is committed. This subparagraph 33 applies to any such offense except an offense the prosecution of 34 which would have been barred by subsection (2) or subparagraph 35 1. on or before July 1, 2019. 36 Section 2. Subsection (5) of section 943.326, Florida 37 Statutes, is renumbered as subsection (6), and a new subsection 38 (5) is added to that section, to read: 39 943.326 DNA evidence collected in sexual offense 40 investigations.— 41 (5) By January 1, 2020, the department shall: 42 (a) Adopt a statewide information management system to 43 track the location, lab submission status, testing, completion, 44 and storage of each kit required to be submitted for testing 45 under subsection (1). 46 (b) Develop policies and procedures to ensure each victim 47 has access to information regarding the victim’s sexual offense 48 evidence kit, including, but not limited to, information 49 regarding when the kit was tested, whether any DNA was obtained 50 from the testing of the kit, whether such DNA was entered into 51 the DNA database established under s. 943.325, a national DNA 52 database, or any other DNA database, and, if so, whether the 53 sample derived from the kit satisfactorily matches a profile in 54 a DNA database. 55 Section 3. This act shall take effect July 1, 2019.