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.