AB314,4,1614
165.77
(2m) (c) Paragraph (b) does not apply to specimens received under s.
1551.20 (13) (cr), 165.76,
165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8),
16971.17 (1m) (a), 973.047, or 980.063.
AB314,5,419
165.77
(3) If the laboratories receive a human biological specimen under s.
2051.20 (13) (cr), 165.76,
165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02
21(8), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the
22deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank
23based on data obtained from deoxyribonucleic acid analysis of those specimens. The
24laboratories may compare the data obtained from one specimen with the data
25obtained from other specimens. The laboratories may make data obtained from any
1analysis and comparison available to law enforcement agencies in connection with
2criminal or delinquency investigations and, upon request, to any prosecutor, defense
3attorney or subject of the data. The data may be used in criminal and delinquency
4actions and proceedings.
AB314,5,97
165.77
(4) (am) 2. (intro.) If the person was required to provide a biological
8specimen
under s. 165.84 (7) in connection with an arrest or under s. 970.02 (8), one
9of the following applies:
AB314,5,1210
a. All charges
filed in connection with the arrest and all charges for which the
11person was required to provide a biological specimen under s. 970.02 (8) have been
12dismissed.
AB314,5,1713
b. The trial court reached final disposition
for all charges in connection with
14the arrest and for any charges for which the person was required to provide a
15biological specimen under s. 970.02 (8), and the person was not adjudged guilty of a
16crime in connection with the arrest or any charge for which the person was required
17to provide a biological specimen under s. 970.02 (8).
AB314,5,2118
d. The person was adjudged guilty of a
crime in connection with either the
19arrest or any charge for which the person was required to provide a biological
20specimen under s. 970.02 (8), and all such convictions have been reversed, set aside,
21or vacated.
AB314,6,3
1165.77
(4) (am) 3. (intro.) If the person was required to provide a biological
2specimen
under s. 165.84 (7) in connection with being taken into custody under s.
3938.19 or under s. 938.21 (1m) or 938.30 (2m), one of the following applies:
AB314,6,64
a. All criminal complaints or delinquency petitions that allege that the person
5committed a violation that would be a felony if committed by an adult in this state
6and that are in connection with the taking into custody have been dismissed.
AB314,6,117
b. The trial court reached final disposition for all allegations that the person
8committed a violation that would be a felony if committed by an adult in this state
9that are in connection with the taking into custody and the person was not convicted
10or adjudged delinquent for an offense that would be a felony if committed by an adult
11in this state
that is in connection with the taking into custody.
AB314,6,1512
d. The person was convicted or adjudged delinquent for a violation that would
13be a felony if committed by an adult in this state
and that is in connection with the
14taking into custody and the conviction or delinquency adjudication has been
15reversed, set aside, or vacated.
AB314,7,220
165.77
(7m) An entry in the data bank that is found to be erroneous does not
21prohibit the legitimate use of the entry to further a criminal investigation or
22prosecution. The failure of a law enforcement agency or the laboratories to comply
23with this section, s. 165.76
, or 165.765,
or 165.84, or any rules or procedures adopted
24to administer those sections, is not grounds for challenging the validity of the data
1collection, for challenging the use of the sample as provided in those sections, or for
2the suppression of evidence based upon or derived from any entry in the data bank.
AB314,7,167
938.21
(1m) Biological specimen. If the juvenile has been taken into custody
8on the basis of a violation that would be a felony if committed by an adult in this state,
9the court shall determine if a biological specimen has been obtained from the juvenile
10under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency
11or tribal law enforcement agency obtain a biological specimen from the juvenile and
12submit it to the state crime laboratories as specified in rules promulgated by the
13department of justice under s. 165.76 (4).
If the court requires the juvenile to provide
14a specimen under this subsection or if a biological specimen has already been
15obtained from the juvenile, the The court shall inform the juvenile that he or she may
16request expungement under s. 165.77 (4).
AB314,8,319
938.30
(2m) Biological specimen. If the juvenile is before the court on the basis
20of a violation that would be a felony if committed by an adult in this state,
the court
21shall determine if a biological specimen has been obtained from the juvenile under
22s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal
23law enforcement agency obtain a biological specimen from the juvenile and submit
24it to the state crime laboratories as specified in rules promulgated by the department
25of justice under s. 165.76 (4).
If the court requires the juvenile to provide a specimen
1under this subsection or if a biological specimen has already been obtained from the
2juvenile, the The court shall inform the juvenile that he or she may request
3expungement under s. 165.77 (4).
AB314,8,9
6946.52 Failure to submit biological specimen. Whoever intentionally fails
7to comply with a requirement to submit a biological specimen under s. 165.76,
165.84
8(7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 973.047, or 980.063 is guilty of
9a Class A misdemeanor.
AB314,8,2012
970.02
(8) If the offense charged is a felony,
the judge shall determine if a
13biological specimen has been obtained from the defendant under s. 165.84 (7), and,
14if not, the judge shall direct that a law enforcement agency or tribal law enforcement
15agency obtain a biological specimen from the defendant and submit it to the state
16crime laboratories as specified in rules promulgated by the department of justice
17under s. 165.76 (4).
If the judge requires the defendant to provide a specimen under
18this subsection or if a biological specimen has already been obtained from the
19defendant, the The judge shall inform the defendant that he or she may request
20expungement under s. 165.77 (4).
AB314,19
21Section
19.
Initial applicability.
AB314,8,2322
(1) This act first applies to individuals arrested or taken into custody on the
23effective date of this subsection.
AB314,9,2
1(1)
This act takes effect on April 1, 2015, or on the day after publication,
2whichever is later.