Senate Bill sb0268

    Florida Senate - 2001                                   SB 268

    By Senator Silver





    38-90-01

  1                      A bill to be entitled

  2         An act relating to DNA testing; creating s.

  3         943.3255, F.S.; requiring felony arrestees to

  4         provide blood samples for DNA testing;

  5         providing duties of law enforcement agencies

  6         and the Department of Law Enforcement;

  7         providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 943.3255, Florida Statutes, is

12  created to read:

13         943.3255  Blood specimen testing for DNA analysis.--

14         (1)  Any person who has been arrested for an offense

15  that is a felony under the laws of this state must provide to

16  the arresting law enforcement agency, or to another law

17  enforcement agency designated by the arresting agency, two

18  specimens of blood for transmittal to a testing facility

19  designated by the Florida Department of Law Enforcement.

20         (2)  The withdrawal of blood for purposes of this

21  section shall be performed in a medically approved manner and

22  only under the supervision of a physician, registered nurse,

23  licensed practical nurse, or duly licensed medical personnel.

24         (3)  If any blood specimens submitted to the Department

25  of Law Enforcement under this section are found to be

26  unacceptable for analysis and use or cannot be used by the

27  department in the manner required by this section, the

28  Department of Law Enforcement may require that another set of

29  blood specimens be taken.

30         (4)  The Department of Law Enforcement shall provide

31  the specimen vials, mailing tubes, labels, and instructions

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    Florida Senate - 2001                                   SB 268
    38-90-01




  1  for the collection of blood specimens.  The specimens shall

  2  thereafter be forwarded to the designated testing facility for

  3  analysis to determine genetic markers and characteristics for

  4  the purpose of individual identification of the person

  5  submitting the sample.

  6         (5)  The analysis, when completed, shall be entered

  7  into the automated database maintained by the Department of

  8  Law Enforcement for such purpose, and shall not be included in

  9  the state central criminal justice information repository.

10         (6)  If the person providing the sample is convicted of

11  the offense for which he or she was arrested or of another

12  felony arising from the same criminal episode, the results of

13  the DNA analysis shall be maintained in the automated database

14  maintained by the Department of Law Enforcement.

15         (7)  The Department of Law Enforcement and the

16  statewide criminal laboratory analysis system shall establish,

17  implement, and maintain a statewide automated personal

18  identification system capable of, but not limited to,

19  classifying, matching, and storing analyses of DNA

20  (deoxyribonucleic acid) and other biological molecules.

21         (8)  The Department of Law Enforcement shall:

22         (a)  Receive, process, and store blood samples and the

23  data derived therefrom furnished pursuant to subsection (1).

24         (b)  Collect, process, maintain, and disseminate

25  information and records pursuant to this section.

26         (c)  Strive to maintain or disseminate only accurate

27  and complete records.

28         (d)  Adopt rules prescribing the proper procedure for

29  state and local law enforcement and correctional agencies to

30  collect and submit blood samples pursuant to this section.

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    Florida Senate - 2001                                   SB 268
    38-90-01




  1         (9)  The failure of any agency or the department to

  2  strictly comply with this section or to abide by a protocol

  3  shall not constitute a ground for challenging the validity of

  4  the collection or use of the sample as provided in this

  5  section or for exclusion of evidence based upon, or derived

  6  from, any specimen so taken.

  7         Section 2.  This act shall take effect October 1, 2001.

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10                          SENATE SUMMARY

11    Requires each person arrested for felonies to provide
      blood samples for DNA testing under auspices of the
12    Florida Department of Law Enforcement for inclusion in
      the department's automated database.
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CODING: Words stricken are deletions; words underlined are additions.