Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 350 Ì592664@Î592664 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/30/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Osgood) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. This act may be cited as the “Decker-Backmann 6 Act.” 7 Section 2. Section 782.41, Florida Statutes, is created to 8 read: 9 782.41 Cold case murder; review; reinvestigation.— 10 (1) As used in this section, the term: 11 (a) “Cold case” means a murder, for which: 12 1. No likely perpetrator has been identified; and 13 2. At least 5 years have passed since it was committed, 14 including the date of an application requesting a review 15 submitted by a designated person, and the murder was previously 16 investigated by a law enforcement agency and all probative leads 17 have been exhausted. 18 (b) “Designated person” means an immediate family member or 19 an immediate family member’s designated legal representative, 20 which representative must be a member in good standing of The 21 Florida Bar. 22 (c) “Immediate family member” means a parent, parent-in 23 law, grandparent, grandparent-in-law, sibling, spouse, child, or 24 stepchild of a victim, or any person who exercised in loco 25 parentis control over such victim younger than 18 years of age 26 at the time of the murder. 27 (d) “Law enforcement agency” means the law enforcement 28 agency having jurisdiction at the time of the murder. 29 (e) “Murder” means any criminal offense provided under s. 30 782.04, s. 782.071, or s. 782.072. 31 (f) “Probative lead” means evidence that is sufficiently 32 useful to prove an element of the crime and that was not 33 identified or determined as part of the previous investigation 34 by a law enforcement agency. 35 (g) “Victim” means an individual who was murdered and whose 36 case has been designated as a cold case. 37 (2) The head of a law enforcement agency or his or her 38 designee shall review a cold case upon receiving a written 39 application from a designated person to determine if a full 40 reinvestigation would result in any of the following: 41 (a) The identification of new probative leads. 42 (b) The identification of a likely perpetrator. 43 (3) A review conducted pursuant to subsection (2) must 44 include all of the following: 45 (a) An analysis of any investigative procedures that may 46 have been absent or missed in the initial investigation. 47 (b) An assessment of whether witnesses should be 48 interviewed or reinterviewed. 49 (c) An examination of physical evidence to determine 50 whether all appropriate forensic testing and analyses were 51 performed in the initial investigation and whether additional 52 testing might produce information relevant to the investigation. 53 (d) An update of the case file using the most current 54 investigative standards as of the date of the review, if such 55 standards may help develop probative leads. 56 (4)(a) The law enforcement agency must conduct a full 57 reinvestigation of the cold case if the review pursuant to 58 subsection (2) concludes that such reinvestigation may result in 59 previously unidentified probative leads or in the identification 60 of a likely perpetrator. 61 (b) A full reinvestigation must include a review of all 62 available evidence and an analysis of those items that may 63 contain forensic value which were collected for the purpose of 64 developing probative leads or identifying a likely perpetrator. 65 (5)(a) A full reinvestigation required pursuant to 66 subsection (4) may not be conducted solely by the person who 67 previously investigated the murder. 68 (b) Only one full reinvestigation may be undertaken at any 69 time with respect to the same victim. 70 (c) If a full reinvestigation is completed and a likely 71 perpetrator is not identified as a result, an additional case 72 file review or full reinvestigation is not required for that 73 cold case for a period of 5 years beginning on the date of the 74 conclusion of the reinvestigation, unless materially significant 75 evidence is discovered. 76 (6)(a) Each law enforcement agency shall develop a written 77 application to be used by a designated person to request a cold 78 case review under subsection (2). 79 (b) No later than July 1, 2025, the head of each law 80 enforcement agency or his or her designee shall adopt procedures 81 to ensure compliance with this section. 82 (c) Each law enforcement agency shall train the appropriate 83 law enforcement employees and officers of that law enforcement 84 agency on the procedures required and the responsibilities and 85 obligations imposed under this section. 86 (7) The law enforcement agency shall, as soon as 87 practicable, provide to the designated person who submitted the 88 application requesting review of a cold case a written 89 confirmation of receipt of the application. Such confirmation 90 must include a description of the process for submitting a 91 complaint to, and contact information for, the law enforcement 92 agency’s unit responsible for internal investigations involving 93 allegations of misconduct. 94 (8) An application for review of a case that does not meet 95 the criteria for a cold case specified in paragraph (1)(a) may 96 be denied. If an application is denied, the head of the law 97 enforcement agency or his or her designee must issue to the 98 designated person who submitted the application a written 99 explanation of the reason or reasons for the denial of the 100 review. 101 (9) No later than 1 year after receipt of a written 102 application requesting a cold case review, the law enforcement 103 agency must complete the case file review and conclude, pursuant 104 to subsection (2), whether a full reinvestigation as provided in 105 subsection (4) is warranted. 106 (10) The law enforcement agency may, one time only, extend 107 the time limit provided under subsection (9) for a period not to 108 exceed 6 months if the law enforcement agency finds that the 109 number of case files to be reviewed makes compliance with the 110 time limit impracticable without diverting resources from other 111 law enforcement activities. If the time limit is extended, the 112 law enforcement agency must provide notice and an explanation of 113 its reasoning for the extension to the designated person who 114 submitted the written application for review. 115 (11) By October 1, 2025, and at least quarterly thereafter, 116 each law enforcement agency shall report data as described in 117 subsection (12) to the Global Forensic and Justice Center at 118 Florida International University. 119 (12) The Global Forensic and Justice Center shall establish 120 and maintain a case tracking system and searchable public 121 website that includes all of the following information about 122 cold case investigations covered under this section: 123 (a) The number of written applications for cold case 124 reviews filed with each law enforcement agency as provided under 125 subsection (2). 126 (b) The number of full reinvestigations initiated and 127 closed under subsection (9). 128 (c) The total number of cases in which the time for review 129 was extended and a summary of the reasons for any such 130 extensions under subsection (10). 131 (d) Statistical information on the aggregate number of cold 132 cases, defendants, arrests, indictments, and convictions. 133 (13) The Global Forensic and Justice Center shall create 134 and publish on its searchable public website a list of resources 135 for immediate family members or designated persons who have 136 submitted an application for a cold case review pursuant to 137 subsection (2). The resources must, at a minimum, include 138 system-based and community-based cold case advocacy services. 139 (14) If more than one law enforcement agency conducted the 140 initial investigation of a cold case, each law enforcement 141 agency must coordinate the case file review or full 142 reinvestigation such that there is only one joint case file 143 review or full reinvestigation occurring at a time as required 144 by paragraph (5)(b). 145 (15) A law enforcement agency may request investigative 146 assistance from the Department of Law Enforcement to complete a 147 cold case review or reinvestigation under this section. The 148 request must be submitted in writing. 149 (16) The operation of this section is subject to the 150 availability of funds specifically appropriated by the 151 Legislature or other relevant political subdivision of this 152 state for this purpose. 153 (17) This section applies to any cold case in which the 154 murder occurred on or after January 1, 1970. 155 Section 3. This act shall take effect July 1, 2025. 156 157 ================= T I T L E A M E N D M E N T ================ 158 And the title is amended as follows: 159 Delete everything before the enacting clause 160 and insert: 161 A bill to be entitled 162 An act relating to cold case murders; providing a 163 short title; creating s. 782.41, F.S.; defining terms; 164 requiring the heads of law enforcement agencies or 165 their designees to review certain cold cases upon 166 receiving a written application from a designated 167 person; requiring the heads of law enforcement 168 agencies or their designees to make a specified 169 determination upon receiving such application; 170 providing requirements for such reviews; requiring law 171 enforcement agencies to conduct a full reinvestigation 172 of a cold case under certain circumstances; providing 173 requirements for such reinvestigations; requiring law 174 enforcement agencies to develop certain written 175 applications; requiring the heads of law enforcement 176 agencies or their designees to adopt certain 177 procedures to ensure compliance with specified 178 provisions; requiring law enforcement agencies to 179 provide specified training; requiring law enforcement 180 agencies to provide written confirmation to a 181 designated person of receipt of an application to 182 review a cold case; authorizing the denial of an 183 application for review of a cold case that does not 184 satisfy certain criteria; requiring the head of the 185 law enforcement agency or his or her designee to issue 186 to the designated person a written explanation of the 187 reason or reasons for the denial; providing timeframe 188 and notice requirements for law enforcement agencies’ 189 cold case reviews after receipt of a written 190 application; requiring law enforcement agencies, by a 191 specified date and periodically thereafter, to report 192 certain data to the Global Forensic and Justice Center 193 at Florida International University; requiring the 194 center to establish and maintain a case tracking 195 system and searchable public website that includes 196 specified information; requiring the center to create 197 and publish on its searchable public website a list of 198 certain resources; requiring coordination between law 199 enforcement agencies if more than one law enforcement 200 agency conducted the initial investigation; 201 authorizing law enforcement agencies to request 202 investigative assistance from the Department of Law 203 Enforcement to complete cold case reviews or 204 reinvestigations; requiring that such requests be in 205 writing; providing that specified provisions are 206 subject to appropriations; providing applicability; 207 providing an effective date.