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.