Senate Bill 1140 (2021) — Unlawful use of DNA
SB 1140
Florida Bills
Florida Senate - 2021 SB By Senator Rodrigues 27-01195A-21 20211140__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to unlawful use of DNA; amending s. 2 760.40, F.S.; prohibiting DNA analysis and disclosure of DNA analysis results without authorization; 4 removing criminal penalties; creating s. 817.5655, 5 F.S.; defining terms; prohibiting the collection or retention of a DNA sample of another person without authorization for specified purposes; prohibiting specified DNA analysis and disclosure of DNA analysis results without authorization; providing criminal penalties; providing exceptions; providing an effective date. 12
Be It Enacted by the Legislature of the State of Florida: 14
Section 1. Subsection (2) of
section 760.40, Florida Statutes, is amended to read: 17 760.40 Genetic testing; authorization informed consent; 18 confidentiality; penalties; notice of use of results.— 19 (2)(
a) Except for purposes of criminal prosecution, except for purposes of determining paternity as provided in s. 409.256 or s. 742.12(1), and except for purposes of acquiring specimens as provided in s. 943.325, DNA analysis may be performed only with authorization, as defined in s. 817.5655 the informed consent of the person to be tested, and the results of such DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without authorization the consent of the person tested.
Such information held by a public entity is Florida Senate - 2021 SB 1140 27-01195A-21 20211140__ CODING: Words stricken are deletions; words underlined are additions. exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 31
(
b) A person who violates paragraph
(
a) is guilty of a misdemeanor of the first degree, punishable as provided in s. 33 775.082 or s. 775.083. 34
Section
Section 817.5655, Florida Statutes, is created to read: 36 817.5655 Unlawful use of DNA; penalties; exceptions.— 37
(1) As used in this section, the term: 38
(a) “Authorization” means the informed and written consent of the person whose DNA is to be extracted or analyzed, or the informed and written consent of the person’s legal guardian or authorized representative. 42
(b) “DNA analysis” means the medical and biological examination and analysis of a person to identify the presence and composition of genes in that person’s body. The term includes DNA typing and genetic testing. 46
(c) “DNA sample” means any human biological specimen from which DNA can be extracted, or the DNA extracted from such specimen. 49
(2) It is unlawful for a person to willfully, and without authorization, collect or retain another person’s DNA sample with the intent to perform DNA analysis. A person who violates this subsection commits a misdemeanor of the first degree, 53 punishable as provided in s. 775.082 or s. 775.083. 54
(3) It is unlawful for a person to willfully, and without authorization, submit another person’s DNA sample for DNA analysis or to conduct or procure the conducting of another person’s DNA analysis. A person who violates this subsection Florida Senate - 2021 SB 1140 27-01195A-21 20211140__ CODING: Words stricken are deletions; words underlined are additions. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084. 60
(4) It is unlawful for a person to willfully, and without authorization, disclose another person’s DNA analysis results to a third party. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 64 775.082, s. 775.083 or s. 775.084. 65
(5) Each instance of collection or retention, submission or analysis or disclosure in violation of this
section constitutes a separate violation for which a separate penalty is authorized. 68
(6) This
section does not apply to a DNA sample, a DNA analysis, or the results of a DNA analysis used for the purposes of: 71
(
a) Criminal investigation or prosecution; 72
(
b) Determining paternity under s. 409.256 or s. 742.12(1); 73 or 74
(
c) Performing any activity authorized under s. 943.325. 75