Bill Text: MN HF981 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Familial DNA searches authorized.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-03-22 - Author added Slocum [HF981 Detail]
Download: Minnesota-2011-HF981-Introduced.html
1.2relating to public safety; authorizing familial DNA searches; requiring a report;
1.3proposing coding for new law in Minnesota Statutes, chapter 299C.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [299C.1551] FAMILIAL DNA SEARCHES.
1.6 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
1.7subdivision have the meanings given them.
1.8(b) "Familial search" means a search of CODIS in which a DNA sample from an
1.9unknown source collected from a crime scene is compared to determine if a familial
1.10match exists. These searches shall follow the Scientific Working Group on DNA Analysis
1.11Methods (SWGDAM) recommendations for the release of information in the event of a
1.12"partial match."
1.13(c) "Familial match" is a match that occurs when a scientist employed by the bureau
1.14concludes through statistical analysis that there are sufficient genetic similarities to
1.15indicate a familial relationship between a DNA profile in the offender index and the source
1.16of a DNA sample collected from a crime scene.
1.17(d) "Combined DNA Index System (CODIS)" means the database of DNA samples
1.18authorized under section 299C.155.
1.19 Subd. 2. Eligible cases. A law enforcement officer may request that the bureau
1.20conduct a familial search in cases where each of the following criteria are met:
1.21(1) no identical match for the DNA sample collected from a crime scene can be
1.22identified in CODIS;
1.23(2) the investigation involves first- or second-degree murder or criminal sexual
1.24conduct in the first or second degree;
2.1(3) all other investigative leads have been exhausted; and
2.2(4) the requesting officer has satisfied all other requirements established by the
2.3superintendent.
2.4 Subd. 3. Superintendent; rules. The superintendent shall establish rules and
2.5policies to process search requests submitted pursuant to this section. The rules must
2.6address, but are not limited to, the standards and procedures for approving a request and
2.7releasing the names of potential matches. The uniform procedures and protocols developed
2.8under this subdivision are not subject to the rulemaking provisions of chapter 14.
2.9 Subd. 4. Report. By June 1 of the year following the date of final enactment, and
2.10annually thereafter, the superintendent shall submit a report to the chairs and ranking
2.11minority members of the house of representatives and senate committees with jurisdiction
2.12over public safety policy and finance. The report must contain:
2.13(1) the number of familial DNA searches requested;
2.14(2) the number of familial DNA searches conducted;
2.15(3) the number of familial matches found as a result of the searches conducted; and
2.16(4) the status of any case in which a familial match was found.
1.3proposing coding for new law in Minnesota Statutes, chapter 299C.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [299C.1551] FAMILIAL DNA SEARCHES.
1.6 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
1.7subdivision have the meanings given them.
1.8(b) "Familial search" means a search of CODIS in which a DNA sample from an
1.9unknown source collected from a crime scene is compared to determine if a familial
1.10match exists. These searches shall follow the Scientific Working Group on DNA Analysis
1.11Methods (SWGDAM) recommendations for the release of information in the event of a
1.12"partial match."
1.13(c) "Familial match" is a match that occurs when a scientist employed by the bureau
1.14concludes through statistical analysis that there are sufficient genetic similarities to
1.15indicate a familial relationship between a DNA profile in the offender index and the source
1.16of a DNA sample collected from a crime scene.
1.17(d) "Combined DNA Index System (CODIS)" means the database of DNA samples
1.18authorized under section 299C.155.
1.19 Subd. 2. Eligible cases. A law enforcement officer may request that the bureau
1.20conduct a familial search in cases where each of the following criteria are met:
1.21(1) no identical match for the DNA sample collected from a crime scene can be
1.22identified in CODIS;
1.23(2) the investigation involves first- or second-degree murder or criminal sexual
1.24conduct in the first or second degree;
2.1(3) all other investigative leads have been exhausted; and
2.2(4) the requesting officer has satisfied all other requirements established by the
2.3superintendent.
2.4 Subd. 3. Superintendent; rules. The superintendent shall establish rules and
2.5policies to process search requests submitted pursuant to this section. The rules must
2.6address, but are not limited to, the standards and procedures for approving a request and
2.7releasing the names of potential matches. The uniform procedures and protocols developed
2.8under this subdivision are not subject to the rulemaking provisions of chapter 14.
2.9 Subd. 4. Report. By June 1 of the year following the date of final enactment, and
2.10annually thereafter, the superintendent shall submit a report to the chairs and ranking
2.11minority members of the house of representatives and senate committees with jurisdiction
2.12over public safety policy and finance. The report must contain:
2.13(1) the number of familial DNA searches requested;
2.14(2) the number of familial DNA searches conducted;
2.15(3) the number of familial matches found as a result of the searches conducted; and
2.16(4) the status of any case in which a familial match was found.
