Title: Retention of Sexual Offense Evidence

Summary: Establishes minimum timeframe for retention of specified sexual offense evidence; requires specified entities to transfer such evidence to FDLE within specified time period; requires FDLE to retain such evidence; requires protocols for transferring & storing of specified sexual offense evidence & authorizes destruction of such evidence in specified circumstances.

Full Text:
An act relating to retention of sexual offense evidence; amending s. 943.326, F.S.; establishing a minimum timeframe for the retention of specified sexual offense evidence; requiring specified entities to transfer such evidence to the Department of Law Enforcement within a specified time period; requiring the department to retain such evidence for the required time period; requiring specified protocol sfor the transferring and storing of specified sexual offense evidence; authorizing specified entities to approve destruction of such evidence in specified circumstances; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 943.326, Florida Statutes, is amended, and subsection (1) of that section is republished, to read: 943.326 DNA evidence collected in sexual offense forensic physical examinations and investigations.-(1) A sexual offense evidence kit, or other DNA evidence if a kit is not collected, must be submitted to a member of the statewide criminal analysis laboratory system under s. 943.32 for forensic testing within days after: CS/CS/HB 2024 (a) Receipt of the evidence by a law enforcement agency if a report of the sexual offense is made to the law enforcement agency; or (b) A request to have the evidence tested is made to the medical provider or the law enforcement agency by: 1. The alleged victim; 2. The alleged vic tim's parent, guardian, or legal representative, if the alleged victim is a minor; or 3. The alleged victim's personal representative, if the alleged victim is deceased. (3)(a) Except as provided in paragraph (b) a collected sexual offense evidence kit,or other DNA evidence if a kit is not collected, collected from an alleged victim who reports a sexual offense to a law enforcement agency or who makes a request, or on whose behalf a request is made, for testing in compliance with paragraph (1)(b), must be retained in a secure, environmentally safe manner until the prosecuting agency has approved its destruction. (b)1. A sexual offense evidence kit collected from a person who does not report a sexual offense to a law enforcement agency during the forens ic physical examination and who does not make a request, or have a request made on his or her behalf, in compliance with paragraph (1)(b) must be retained for a minimum of years after the collection date. Within days of collecting such a kit, the med ical facility or certified rape CS/CS/HB 2024 crisis center that collected the kit must transfer the kit to the department, which must maintain the kit in compliance with this subparagraph. A sexual offense evidence kit that is transferred and retained pursuant to this subparagraph must be stored anonymously, in a secure, environmentally safe manner, and with a documented chain of custody. 2. If, at any time following the initial retention of a sexual offense evidence kit pursuant to subparagraph (b)1., an alleged vict im makes a report to a law enforcement agency or makes a request, or has a request made on his or her behalf, for testing in compliance with paragraph (1)(b), the kit must be retained as described in paragraph (3)(a) if the applicable time limitation under s. 775.15 has not run and prosecution of a criminal case may still be commenced. In circumstances in which a criminal case may not be commenced because the applicable time limitation under s. 775.15 has expired, the kit must be maintained in a secure, env ironmentally safe manner until the department has approved its destruction. Section 2. This act shall take effect July 1, 2024.