SB 350 — Cold Case Murders

Florida Senate - 2024 CS for SB 350 By Senatorthe OsgoodCommittee 32-00103C-24on 2024350__Criminal AJustice; bill to be entitled An act relating to cold case murders;

and Senators Osgood, Martin, Powell, Polsky, Garcia, Berman, Thompson, and Yarborough 591-02643-24 2024350c1 A bill to be entitled An act relating to cold case murders;

requiringauthorizing thatthe denial of an application for review of a cold case that does not satisfy certain criteriacriteria; be denied;

Florida Senate - 2024 CS for SB 350 32-00103C-24591-02643-24 2024350__2024350c1 application;

requiring the center to create and publish on its searchable public website a list of certain resources;

authorizing law enforcement agencies to request investigative assistance from the Department of Law Enforcement to complete cold case reviews or reinvestigations;

requiring that such requests be in writing;

authorizing a medical examiner to issue death certificates with nonspecific causes of death and manner of murder under certain circumstances;

(a) “Cold case” means a murder:murder, for which:

ForNo which no likely perpetrator has been identified;

and 2.Page 2 of 7 CODING:

That was committed more than 5 years before the date of an application requesting a review submitted by a designated person, that was previously investigated by a law enforcement Page 2 of 7 CODING:

Florida Senate - 2024 SBCS 350 32-00103C-24 2024350__ agency, and for whichSB all350 probative591-02643-24 leads2024350c1 have2. been exhausted.

At least 5 years have passed since it was committed, including the date of an application requesting a review submitted by a designated person, and the murder was previously investigated by a law enforcement agency and all probative leads have been exhausted.

(d) “Law enforcement agency” means athe law enforcement agency withhaving the jurisdiction toat engage in the detection,time investigation, or prosecution of athe coldmurder. case.

(b) The identification of a likely perpetrator.

(3) A review conducted pursuant to subsection (2) must include all of the following:

Florida Senate - 2024 CS for SB 350 32-00103C-24591-02643-24 2024350__2024350c1 (a)(b) AnThe analysisidentification of anya investigativelikely proceduresperpetrator. that may have been absent or missed in the initial investigation.

(3) A review conducted pursuant to subsection (2) must include all of the following:

(a) An analysis of any investigative procedures that may have been absent or missed in the initial investigation.

(c) If a full reinvestigation is completed and a likely perpetrator is not identified as a result, an additional case file review or full reinvestigation may not be undertaken for that cold case for a period of 5 years beginning on the date of Page 4 of 7 CODING:

Florida Senate - 2024 CS for SB 350 32-00103C-24591-02643-24 2024350__2024350c1 perpetrator is not identified as a result, an additional case file review or full reinvestigation is not required for that cold case for a period of 5 years beginning on the date of the conclusion of the reinvestigation, unless materially significant evidence is discovered.

(c) Each law enforcement agency shall train the appropriate law enforcement employees and officers withinof that law enforcement agency on the procedures required and the responsibilities and obligations imposed under this section.

(7) The law enforcement agency,agency shall, as soon as practicable, shall provide to the designated person who submitted the application requesting review of a cold case a written confirmation of receipt of the application.

(8) An application for review of a case that does not meet the criteria for a cold case specified in paragraph (1)(a) mustmay be denied.

If an application is denied, the head of the law enforcement agency or his or her designee must issue to the designated person who submitted the application a written explanation of the reason or reasons for the denial of the review.Page 5 of 7 CODING:

(9) No later than 1 year after receipt of a written application requesting a cold case review, the law enforcement Page 5 of 7 CODING:

Florida Senate - 2024 CS for SB 350 32-00103C-24591-02643-24 2024350__2024350c1 agencyreview. must complete the case file review and conclude, pursuant to subsection (2), whether a full reinvestigation as provided in subsection (4) is warranted.

(10)(9) TheNo lawlater enforcementthan agency1 mayyear extend,after forreceipt oneof timea only,written theapplication timerequesting limit provided under subsection (9) for a periodcold notcase toreview, exceed 6 months if the law enforcement agency findsmust thatcomplete the number of case filesfile toreview beand reviewedconclude, makespursuant complianceto withsubsection the(2), timewhether limita impracticablefull withoutreinvestigation divertingas resourcesprovided fromin othersubsection law(4) enforcementis activities.warranted.

(10) The law enforcement agency may, one time only, extend the time limit provided under subsection (9) for a period not to exceed 6 months if the law enforcement agency finds that the number of case files to be reviewed makes compliance with the time limit impracticable without diverting resources from other law enforcement activities.

(11) By October 1, 2025, and at least quarterly thereafter, each law enforcement agency shall report all data relevantas todescribed thein reviewsubsection of(12) cold cases to the Global Forensic and Justice Center at Florida International University.

(a) The number of written applications for cold case reviews filed with each law enforcement agency as provided under subsection (6).(2).

(c) The total number of cases in which the time for review wasPage extended6 and an explanation of the7 reasonsCODING: for any such extensions under subsection (10).

(d) Statistical information on the aggregate number of cold Page 6 of 7 CODING:

Florida Senate - 2024 CS for SB 350 32-00103C-24591-02643-24 2024350__2024350c1 cases,was suspects,extended arrests,and indictments,a andsummary convictions.of the reasons for any such extensions under subsection (10).

(13)(d) IfStatistical moreinformation thanon one law enforcement agency conducted the initialaggregate investigationnumber of a cold case,cases, eachdefendants, lawarrests, enforcementindictments, agencyand mustconvictions. coordinate the case file review or full reinvestigation such that there is only one joint case file review or full reinvestigation occurring at a time as required by paragraph (5)(b).

(14)(13) The operationGlobal ofForensic thisand sectionJustice isCenter subjectshall tocreate theand availabilitypublish ofon fundsits specificallysearchable appropriatedpublic bywebsite thea Legislaturelist of resources for immediate family members or otherdesignated relevantpersons politicalwho subdivisionhave ofsubmitted thisan stateapplication for thisa purpose.cold case review pursuant to subsection (2).

(15)The Thisresources sectionmust, appliesat toa anyminimum, coldinclude casesystem-based inand whichcommunity-based thecold murdercase occurredadvocacy onservices. or after January 1, 1970.

(16)(14) AIf medicalmore examinerthan mayone issuelaw aenforcement deathagency certificateconducted withthe ainitial nonspecificinvestigation cause of deatha andcold mannercase, ofeach murderlaw ifenforcement agency must coordinate the medicalcase examinerfile determinesreview or full reinvestigation such that thethere releaseis ofonly suchone informationjoint wouldcase notfile hinderreview theor murderfull investigation.reinvestigation occurring at a time as required by paragraph (5)(b).

(15) A law enforcement agency may request investigative assistance from the Department of Law Enforcement to complete a cold case review or reinvestigation under this section.