Florida Senate - 2021              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1002
       
       
       
       
       
                               Ì622452ÅÎ622452                          
       
       576-03937-21                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to DNA evidence collected in sexual
    3         offense investigations; providing a short title;
    4         amending s. 943.326, F.S.; requiring the Department of
    5         Law Enforcement, by a specified date and subject to
    6         legislative appropriation, to create and maintain a
    7         statewide database for tracking sexual offense
    8         evidence kits; providing database requirements;
    9         requiring the department to adopt rules; providing
   10         database participation requirements for specified
   11         entities mandated to participate in the database if
   12         the entity has certain interaction with the kits;
   13         requiring the department to ensure that alleged sexual
   14         offense victims and certain other persons receive
   15         specified notice and instructions and be informed that
   16         they are entitled to access information regarding such
   17         kits and evidence; providing requirements for such
   18         notification; providing for implementation; requiring
   19         the department to apply for specified grant funds;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. This act may be cited as “Gail’s Law.”
   25         Section 2. Subsection (4) of section 943.326, Florida
   26  Statutes, is amended to read:
   27         943.326 DNA evidence collected in sexual offense
   28  investigations.—
   29         (4) By January 1, 2017, The department and each laboratory
   30  within the statewide criminal analysis laboratory system, in
   31  coordination with the Florida Council Against Sexual Violence,
   32  shall adopt and disseminate guidelines and procedures for the
   33  collection, submission, and testing of DNA evidence that is
   34  obtained in connection with an alleged sexual offense. The
   35  timely submission and testing of sexual offense evidence kits is
   36  a core public safety issue. Testing of sexual offense evidence
   37  kits must be completed no later than 120 days after submission
   38  to a member of the statewide criminal analysis laboratory
   39  system.
   40         (a) The guidelines and procedures must include the
   41  requirements of this section, standards for how evidence is to
   42  be packaged for submission, what evidence must be submitted to a
   43  member of the statewide criminal analysis laboratory system, and
   44  timeframes for when the evidence must be submitted, analyzed,
   45  and compared to DNA databases.
   46         (b) The testing requirements of this section are satisfied
   47  when a member of the statewide criminal analysis laboratory
   48  system tests the contents of the sexual offense evidence kit in
   49  an attempt to identify the foreign DNA attributable to a
   50  suspect. If a sexual offense evidence kit is not collected, the
   51  laboratory may receive and examine other items directly related
   52  to the crime scene, such as clothing or bedding or personal
   53  items left behind by the suspect. If probative information is
   54  obtained from the testing of the sexual offense evidence kit,
   55  the examination of other evidence should be based on the
   56  potential evidentiary value to the case and determined through
   57  cooperation among the investigating agency, the laboratory, and
   58  the prosecutor.
   59         (c)The department shall, subject to appropriation by the
   60  Legislature, no later than July 1, 2023, create and maintain a
   61  statewide database to track the location, processing status, and
   62  storage of each sexual offense evidence kit collected after the
   63  implementation of the database that is accessible to law
   64  enforcement agencies and alleged victims and other persons
   65  listed in paragraph (1)(b). The database shall track the status
   66  of the kits from the collection site throughout the criminal
   67  justice process, including, but not limited to, the initial
   68  collection at medical facilities, inventory and storage by law
   69  enforcement agencies or crime laboratories, analysis at crime
   70  laboratories, and storage or destruction after completion of
   71  analysis.
   72         (d)The department shall adopt rules establishing the
   73  requirements for each entity that participates in the database.
   74  Law enforcement agencies, medical facilities, crime
   75  laboratories, and any other facility that collects, receives,
   76  maintains, stores, or preserves a sexual offense evidence kit
   77  shall participate in the database, as required by the
   78  department.
   79         (e)The department shall ensure that each alleged victim
   80  and other person listed in paragraph (1)(b) is notified of the
   81  existence of the database and provided with instruction on how
   82  to access it and is informed that he or she is entitled to
   83  access information regarding the alleged victim’s sexual offense
   84  evidence kit, including tracking information, testing status,
   85  and any DNA matches to a person deemed by investigators to be a
   86  suspect or person of interest. However, notification of a DNA
   87  match shall state only that a DNA match has occurred and may not
   88  contain any genetic or other identifying information. Such a
   89  notification may be delayed for up to 180 days if such
   90  notification would, in the opinion of investigators, negatively
   91  affect the investigation.
   92         Section 3. The Department of Law Enforcement may phase in
   93  initial participation in the statewide database for tracking
   94  sexual offense evidence kits created in s. 943.326, Florida
   95  Statutes, as amended by this act, according to region, volume of
   96  kits, or other appropriate classifications; however, all
   97  entities in the chain of custody of sexual offense evidence kits
   98  shall fully participate in the statewide database no later than
   99  1 year after its creation. The department shall apply for any
  100  available grant funds to assist it in implementing the statewide
  101  database.
  102         Section 4. This act shall take effect July 1, 2021.