Florida Senate - 2024 SB 350 By Senator Osgood 32-00103C-24 2024350__ 1 A bill to be entitled 2 An act relating to cold case murders; providing a 3 short title; creating s. 782.41, F.S.; defining terms; 4 requiring the heads of law enforcement agencies or 5 their designees to review certain cold cases upon 6 receiving a written application from a designated 7 person; requiring the heads of law enforcement 8 agencies or their designees to make a specified 9 determination upon receiving such application; 10 providing requirements for such reviews; requiring law 11 enforcement agencies to conduct a full reinvestigation 12 of a cold case under certain circumstances; providing 13 requirements for such reinvestigations; requiring law 14 enforcement agencies to develop certain written 15 applications; requiring the heads of law enforcement 16 agencies or their designees to adopt certain 17 procedures to ensure compliance with specified 18 provisions; requiring law enforcement agencies to 19 provide specified training; requiring law enforcement 20 agencies to provide written confirmation to a 21 designated person of receipt of an application to 22 review a cold case; requiring that an application for 23 review of a cold case that does not satisfy certain 24 criteria be denied; requiring the head of the law 25 enforcement agency or his or her designee to issue to 26 the designated person a written explanation of the 27 reason or reasons for the denial; providing timeframe 28 and notice requirements for law enforcement agencies’ 29 cold case reviews after receipt of a written 30 application; requiring law enforcement agencies, by a 31 specified date and periodically thereafter, to report 32 certain data to the Global Forensic and Justice Center 33 at Florida International University; requiring the 34 center to establish and maintain a case tracking 35 system and searchable public website that includes 36 specified information; requiring coordination between 37 law enforcement agencies if more than one law 38 enforcement agency conducted the initial 39 investigation; providing that specified provisions are 40 subject to appropriations; providing applicability; 41 authorizing a medical examiner to issue death 42 certificates with nonspecific causes of death and 43 manner of murder under certain circumstances; 44 providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. This act may be cited as the “Decker-Backmann 49 Act.” 50 Section 2. Section 782.41, Florida Statutes, is created to 51 read: 52 782.41 Cold case murder; review; reinvestigation.— 53 (1) As used in this section, the term: 54 (a) “Cold case” means a murder: 55 1. For which no likely perpetrator has been identified; and 56 2. That was committed more than 5 years before the date of 57 an application requesting a review submitted by a designated 58 person, that was previously investigated by a law enforcement 59 agency, and for which all probative leads have been exhausted. 60 (b) “Designated person” means an immediate family member or 61 an immediate family member’s designated legal representative, 62 which representative must be a member in good standing of The 63 Florida Bar. 64 (c) “Immediate family member” means a parent, parent-in 65 law, grandparent, grandparent-in-law, sibling, spouse, child, or 66 stepchild of a victim, or any person who exercised in loco 67 parentis control over such victim younger than 18 years of age 68 at the time of the murder. 69 (d) “Law enforcement agency” means a law enforcement agency 70 with the jurisdiction to engage in the detection, investigation, 71 or prosecution of a cold case. 72 (e) “Murder” means any criminal offense provided under s. 73 782.04, s. 782.071, or s. 782.072. 74 (f) “Probative lead” means evidence that is sufficiently 75 useful to prove an element of the crime and that was not 76 identified or determined as part of the previous investigation 77 by a law enforcement agency. 78 (g) “Victim” means an individual who was murdered and whose 79 case has been designated as a cold case. 80 (2) The head of a law enforcement agency or his or her 81 designee shall review a cold case upon receiving a written 82 application from a designated person to determine if a full 83 reinvestigation would result in any of the following: 84 (a) The identification of new probative leads. 85 (b) The identification of a likely perpetrator. 86 (3) A review conducted pursuant to subsection (2) must 87 include all of the following: 88 (a) An analysis of any investigative procedures that may 89 have been absent or missed in the initial investigation. 90 (b) An assessment of whether witnesses should be 91 interviewed or reinterviewed. 92 (c) An examination of physical evidence to determine 93 whether all appropriate forensic testing and analyses were 94 performed in the initial investigation and whether additional 95 testing might produce information relevant to the investigation. 96 (d) An update of the case file using the most current 97 investigative standards as of the date of the review, if such 98 standards may help develop probative leads. 99 (4)(a) The law enforcement agency must conduct a full 100 reinvestigation of the cold case if the review pursuant to 101 subsection (2) concludes that such reinvestigation may result in 102 previously unidentified probative leads or in the identification 103 of a likely perpetrator. 104 (b) A full reinvestigation must include a review of all 105 available evidence and an analysis of those items that may 106 contain forensic value which were collected for the purpose of 107 developing probative leads or identifying a likely perpetrator. 108 (5)(a) A full reinvestigation required pursuant to 109 subsection (4) may not be conducted solely by the person who 110 previously investigated the murder. 111 (b) Only one full reinvestigation may be undertaken at any 112 time with respect to the same victim. 113 (c) If a full reinvestigation is completed and a likely 114 perpetrator is not identified as a result, an additional case 115 file review or full reinvestigation may not be undertaken for 116 that cold case for a period of 5 years beginning on the date of 117 the conclusion of the reinvestigation, unless materially 118 significant evidence is discovered. 119 (6)(a) Each law enforcement agency shall develop a written 120 application to be used by a designated person to request a cold 121 case review under subsection (2). 122 (b) No later than July 1, 2025, the head of each law 123 enforcement agency or his or her designee shall adopt procedures 124 to ensure compliance with this section. 125 (c) Each law enforcement agency shall train the appropriate 126 law enforcement employees and officers within that law 127 enforcement agency on the procedures required and the 128 responsibilities and obligations imposed under this section. 129 (7) The law enforcement agency, as soon as practicable, 130 shall provide to the designated person who submitted the 131 application requesting review of a cold case written 132 confirmation of receipt of the application. Such confirmation 133 must include a description of the process for submitting a 134 complaint to, and contact information for, the law enforcement 135 agency’s unit responsible for internal investigations involving 136 allegations of misconduct. 137 (8) An application for review of a case that does not meet 138 the criteria for a cold case specified in paragraph (1)(a) must 139 be denied. If an application is denied, the head of the law 140 enforcement agency or his or her designee must issue to the 141 designated person who submitted the application a written 142 explanation of the reason or reasons for the denial of the 143 review. 144 (9) No later than 1 year after receipt of a written 145 application requesting a cold case review, the law enforcement 146 agency must complete the case file review and conclude, pursuant 147 to subsection (2), whether a full reinvestigation as provided in 148 subsection (4) is warranted. 149 (10) The law enforcement agency may extend, for one time 150 only, the time limit provided under subsection (9) for a period 151 not to exceed 6 months if the law enforcement agency finds that 152 the number of case files to be reviewed makes compliance with 153 the time limit impracticable without diverting resources from 154 other law enforcement activities. If the time limit is extended, 155 the law enforcement agency must provide notice and an 156 explanation of its reasoning for the extension to the designated 157 person who submitted the written application for review. 158 (11) By October 1, 2025, and at least quarterly thereafter, 159 each law enforcement agency shall report all data relevant to 160 the review of cold cases to the Global Forensic and Justice 161 Center at Florida International University. 162 (12) The Global Forensic and Justice Center shall establish 163 and maintain a case tracking system and searchable public 164 website that includes all of the following information about 165 cold case investigations covered under this section: 166 (a) The number of written applications for cold case 167 reviews filed with each law enforcement agency as provided under 168 subsection (6). 169 (b) The number of full reinvestigations initiated and 170 closed under subsection (9). 171 (c) The total number of cases in which the time for review 172 was extended and an explanation of the reasons for any such 173 extensions under subsection (10). 174 (d) Statistical information on the aggregate number of cold 175 cases, suspects, arrests, indictments, and convictions. 176 (13) If more than one law enforcement agency conducted the 177 initial investigation of a cold case, each law enforcement 178 agency must coordinate the case file review or full 179 reinvestigation such that there is only one joint case file 180 review or full reinvestigation occurring at a time as required 181 by paragraph (5)(b). 182 (14) The operation of this section is subject to the 183 availability of funds specifically appropriated by the 184 Legislature or other relevant political subdivision of this 185 state for this purpose. 186 (15) This section applies to any cold case in which the 187 murder occurred on or after January 1, 1970. 188 (16) A medical examiner may issue a death certificate with 189 a nonspecific cause of death and manner of murder if the medical 190 examiner determines that the release of such information would 191 not hinder the murder investigation. 192 Section 3. This act shall take effect July 1, 2025.