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FL H0727
Bill
Status
3/14/2020
Primary Sponsor
Adam Hattersley
Click for details
AI Summary
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Creates Section 960.0013, Florida Statutes, establishing the "Sexual Assault Survivors' Bill of Rights" with rights including access to sexual assault counselors during examinations and interviews, confidentiality of counselor communications, right to have counsel present, and right to choose the gender of interviewing law enforcement officer
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Requires sexual offense evidence kits to be submitted to crime laboratories within 5 days of law enforcement receipt (reduced from 30 days) and analyzed within 60 days (reduced from 120 days), with mandatory 20-year retention or until survivor reaches age 40 if they were a minor
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Establishes a statewide tracking system by July 1, 2020 allowing survivors to monitor their evidence kit location and status via telephone or internet, administered by the Department of Legal Affairs in consultation with the Department of Law Enforcement
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Prohibits medical providers from charging survivors for forensic examinations and prohibits using evidence kit results to prosecute survivors for misdemeanors or drug crimes under chapter 893
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Creates civil cause of action allowing survivors to seek injunctive relief or recover actual damages or $1,000 (whichever is greater), with potential treble damages up to $6,000 for willful violations; Attorney General may also bring enforcement actions
Legislative Description
Survivors of Sexual Offenses
Last Action
Died in Criminal Justice Subcommittee
3/14/2020