Florida Senate - 2021                                    SB 1002
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00904A-21                                          20211002__
    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         providing participation requirements; requiring the
   10         department to ensure that alleged sexual offense
   11         victims and certain other persons receive specified
   12         notice and instructions and be informed that they are
   13         entitled to access information regarding such kits and
   14         evidence; providing requirements for such
   15         notification; providing for implementation; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. This act may be cited as “Gail’s Law.”
   21         Section 2. Subsection (4) of section 943.326, Florida
   22  Statutes, is amended to read:
   23         943.326 DNA evidence collected in sexual offense
   24  investigations.—
   25         (4) By January 1, 2017, The department and each laboratory
   26  within the statewide criminal analysis laboratory system, in
   27  coordination with the Florida Council Against Sexual Violence,
   28  shall adopt and disseminate guidelines and procedures for the
   29  collection, submission, and testing of DNA evidence that is
   30  obtained in connection with an alleged sexual offense. The
   31  timely submission and testing of sexual offense evidence kits is
   32  a core public safety issue. Testing of sexual offense evidence
   33  kits must be completed no later than 120 days after submission
   34  to a member of the statewide criminal analysis laboratory
   35  system.
   36         (a) The guidelines and procedures must include the
   37  requirements of this section, standards for how evidence is to
   38  be packaged for submission, what evidence must be submitted to a
   39  member of the statewide criminal analysis laboratory system, and
   40  timeframes for when the evidence must be submitted, analyzed,
   41  and compared to DNA databases.
   42         (b) The testing requirements of this section are satisfied
   43  when a member of the statewide criminal analysis laboratory
   44  system tests the contents of the sexual offense evidence kit in
   45  an attempt to identify the foreign DNA attributable to a
   46  suspect. If a sexual offense evidence kit is not collected, the
   47  laboratory may receive and examine other items directly related
   48  to the crime scene, such as clothing or bedding or personal
   49  items left behind by the suspect. If probative information is
   50  obtained from the testing of the sexual offense evidence kit,
   51  the examination of other evidence should be based on the
   52  potential evidentiary value to the case and determined through
   53  cooperation among the investigating agency, the laboratory, and
   54  the prosecutor.
   55         (c)The department shall, subject to appropriation by the
   56  Legislature, no later than July 1, 2023, create and maintain a
   57  statewide database to track the location, processing status, and
   58  storage of sexual offense evidence kits which is accessible to
   59  law enforcement agencies and alleged victims and other persons
   60  listed in paragraph (1)(b). The database shall track the status
   61  of the kits from the collection site throughout the criminal
   62  justice process, including, but not limited to, the initial
   63  collection at medical facilities, inventory and storage by law
   64  enforcement agencies or crime laboratories, analysis at crime
   65  laboratories, and storage or destruction after completion of
   66  analysis. Law enforcement agencies, medical facilities, crime
   67  laboratories, and any other facilities that collect, receive,
   68  maintain, store, or preserve the kits shall participate in the
   69  database, as required by the department.
   70         (d)The department shall ensure that each alleged victim
   71  and other person listed in paragraph (1)(b) is notified of the
   72  existence of the database and provided with instruction on how
   73  to access it and is informed that he or she is entitled to
   74  access information regarding the alleged victim’s sexual offense
   75  evidence kit, including tracking information, testing status,
   76  and any DNA matches to a person deemed by investigators to be a
   77  suspect or person of interest. However, notification of a DNA
   78  match shall state only that a DNA match has occurred and may not
   79  contain any genetic or other identifying information. Such a
   80  notification may be delayed for up to 180 days if such
   81  notification would, in the opinion of investigators, negatively
   82  affect the investigation.
   83         Section 3. The Department of Law Enforcement may phase in
   84  initial participation in the statewide database for tracking
   85  sexual offense evidence kits created in s. 943.326, Florida
   86  Statutes, as amended by this act, according to region, volume of
   87  kits, or other appropriate classifications; however, all
   88  entities in the chain of custody of sexual offense evidence kits
   89  shall fully participate in the statewide database no later than
   90  1 year after its creation.
   91         Section 4. This act shall take effect July 1, 2021.