Committee extends forensic timeframes and allows remote warrant actions in technology-era crimes
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Summary
PCS for HB359 was amended to update warrant and forensic deadlines, including longer windows to recover data from electronic providers and extended forensic-examination timelines; the committee adopted a 'yellow' amendment to permit remote judge appearances for warrants and reported the bill favorably.
The Judiciary Committee amended and reported PCS for HB359, a bill modernizing criminal-procedure timelines for digital evidence and permitting certain remote procedures.
Rep. Anderson explained the bill would expand timeframes to accommodate the larger data volumes and increased encryption common to modern devices: it would increase the time to return a search warrant for out‑of‑state electronic data-provider production from 10 to 20 days, extend timeframes for DNA returns to 30 days, and lengthen the deadline for forensic examinations of seized electronic devices from 45 to 65 days.
Ranking Member Gottlieb’s amendment (the 'yellow' amendment) created authority for judges to authorize warrants and court orders using audio or video technology, and clarified limited drone use during warrant execution. State and local law‑enforcement witnesses, including State Attorney Bruce Bartlett and the Florida Sheriffs Association, supported the changes as necessary to prevent evidence suppression where technical extraction can take months. Bartlett said investigators are increasingly dealing with terabytes of data and specialized equipment that can take months to process, and that modest statutory extensions will reduce the risk of suppression.
The committee adopted the amendment and reported PCS for HB359 favorably.
Implementation notes: Sponsors said law-enforcement agencies will require equipment and training, and that many jurisdictions already rely on specialized vendors or regional labs to extract encrypted and voluminous data.