This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1327c.EEG
DATE: 3/29/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1327 Pub. Rec./Investigative Genetic Genealogy Information and Materials
SPONSOR(S): Criminal Justice Subcommittee, Anderson
TIED BILLS: IDEN./SIM. BILLS: SB 1402
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 17 Y, 0 N, As CS Leshko Hall
2) Ethics, Elections & Open Government
Subcommittee
17 Y, 0 N Poreda Toliver
3) Judiciary Committee
SUMMARY ANALYSIS
Section 119.071, F.S., currently exempts active criminal intelligence and investigative information from public
records requirements. Criminal investigative information means information with respect to an identifiable
person or group of persons compiled by a criminal justice agency in the course of conducting a criminal
investigation and is considered “active” as long as it is related to an ongoing investigation which is continuing
with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future.
Investigative genetic genealogy (IGG) utilizes single nucleotide polymorphism-based DNA matching combined
with family tree research to produce investigative leads in criminal investigations and missing persons cases.
IGG information and materials may be exempt as active criminal intelligence or investigative information but
would become subject to public records requirements when no longer considered active.
CS/HB 1327 amends s. 119.071, F.S., to make confidential and exempt from public records requirements IGG
information and materials. “IGG information and materials” means the information, records, and DNA records
created or collected by or on behalf of a law enforcement agency conducting IGG research, and includes the
names and personal identifying information (PII) of persons identified through the use of genealogy databases,
traditional genealogical methods, or other investigative means.
The bill does not protect the name or PII of the donor of a biological sample attributable to a perpetrator or a
person identified through IGG who is a witness to or has personal knowledge related to the crime under
investigation. The bill provides an exception to the confidential and exempt status of IGG information and
materials for law enforcement agencies to: allow an agency to disclose IGG information and materials in
furtherance of its official duties and responsibilities or to another government agency in furtherance of its
official duties and responsibilities; and require an agency to disclose IGG information and materials pursuant to
a court order to further a criminal prosecution. The recipient of such a disclosure must maintain the confidential
and exempt status of the information and materials, unless further disclosure is court-ordered.
The bill provides for retroactive application of the newly-created public record exemption. The public record
exemption created by the bill is subject to the Open Government Sunset Review Act and will automatically
repeal on October 2, 2028, unless reviewed and saved from repeal by the Legislature.
The bill may have an insignificant negative fiscal impact on local and state governments. See Fiscal
Comments.
The bill provides an effective date of July 1, 2023.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly-created or expanded public record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage. STORAGE NAME: h1327c.EEG PAGE: 2
DATE: 3/29/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person the right to inspect or copy any public
record of the legislative, executive, and judicial branches of government.
1
The Legislature, however,
may provide by general law for exemption from public record requirements provided the exemption
passes by two-thirds vote of each chamber, states with specificity the public necessity justifying the
exemption, and is no broader than necessary to meet its public purpose.
2
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., guarantees every person the right to inspect and copy any state, county, or municipal
record, unless the record is exempt.
3
Furthermore, the Open Government Sunset Review Act
4
provides
that a public record exemption may be created, revised, or maintained only if it serves an identifiable
public purpose and the Legislature finds that the purpose is sufficiently compelling to override the
strong public policy of open government and cannot be accomplished without the exemption.
5
An
identifiable public purpose is served if the exemption meets one of the following purposes:
Allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protects sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protects trade or business secrets.
6
Pursuant to the Open Government Sunset Review Act, a new public record exemption or substantial
amendment of an existing public record exemption is repealed on October 2nd of the fifth year following
enactment, unless the Legislature reenacts the exemption.
7
Active Criminal Intelligence and Investigative Information Exemption
Section 119.071, F.S., currently exempts active criminal intelligence information and active criminal
investigative information from public records requirements.
8
Additionally, a law enforcement agency’s
request to inspect or copy a public record that is in another agency’s custody and the custodian’s
response to the request, and any information that would identify whether a law enforcement agency has
requested or received that public record are exempt from public records requirements during the period
the information constitutes active criminal intelligence information or active criminal investigative
information.
9
1
Art. I, s. 24(a), Fla. Const.
2
Art. I, s. 24(c), Fla. Const.
3
A public record exemption means a provision of general law which provides that a specified record, or portion thereof, is not subject to
the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the State Constitution. S. 119.011(8), F.S.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F.S.
6
Id.
7
S. 119.15(3), F.S.
8
S. 119.071(2)(c), F.S.
9
S. 119.071(2)(c)2.a., F.S. STORAGE NAME: h1327c.EEG PAGE: 3
DATE: 3/29/2023
“Criminal intelligence information” means information with respect to an identifiable person or group of
persons collected by a criminal justice agency
10
in an effort to anticipate, prevent, or monitor possible
criminal activity.
11
“Criminal investigative information” means information with respect to an identifiable person or group of
persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a
specific act or omission, including, but not limited to, information derived from laboratory tests, reports
of investigators or informants, or any type of surveillance.
12
Criminal investigative information does not
include documents given to the person arrested, except that a court in a criminal case may order that
the information given to the person arrested be maintained in a confidential manner and be exempt
from public records requirements until released at trial if it is found that the release of such information
would be defamatory to the good name of a victim or witness or would jeopardize the safety of such
victim or witness.
13
Criminal intelligence and investigative information is considered “active” as long as it is related to
intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of
ongoing or reasonably anticipated crimes; or is related to an ongoing investigation which is continuing
with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future,
respectively.
14
FBI’s Combined DNA Index System (CODIS)
Deoxyribonucleic acid (DNA) is hereditary material existing in the cells of all living organisms. A DNA
profile may be created by testing the DNA in a person’s cells. Similar to fingerprints, a person’s DNA
profile is a unique identifier, except for identical twins, who have the exact same DNA profile. DNA
evidence may be collected from any biological material, such as hair, teeth, bones, skin cells, blood,
semen, saliva, urine, feces, and other bodily substances.
15
“It is a fundamental principle of genetics that
individuals who are closely related will share DNA from their common ancestors; and the more distant
the relationship, the less DNA is shared.”
16
Historically, the most common form of DNA analysis used to match samples and test for identification in
forensic laboratories analyzes only certain parts of DNA, known as short tandem repeats (STRs).
17
In
the early 1990s, the Federal Bureau of Investigation (FBI) chose 13 STRs as the basis for a DNA
identification profile, and the 13 STRs became known as the Combined DNA Index System (CODIS).
18
CODIS is now the general term used to describe the FBI’s program of support for local, state, and
national criminal justice DNA databases as well as the software used to run these databases.
19
10
“Criminal justice agency” means: 1) any law enforcement agency, court, or prosecutor; 2) any other agency charged by law with
criminal law enforcement duties; 3) any agency having custody of criminal intelligence information or criminal investigative information
for the purpose of assisting law enforcement agencies in the conduct of active criminal investigation or prosecution or for the purpose of
litigating civil actions under the Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in
possession of criminal intelligence information or criminal investigative information pursuant to their criminal law enforcement duties;
and 4) the Department of Corrections. S. 119.011(4), F.S.
11
S. 119.011(3)(a), F.S.
12
S. 119.011(3)(b), F.S.
13
S. 119.011(3)(c)5., F.S.
14
S. 119.011(3)(d), F.S.
15
FindLaw, How DNA Evidence Works, https://criminal.findlaw.com/criminal-procedure/how-dna-evidence-works.html (last visited Mar.
23, 2023).
16
Daniel Kling, Christopher Phillips, Debbie Kennett, and Andreas Tillmar, Investigative genetic genealogy: Current methods,
knowledge and practice, Vol. 52, FSI Genetics, p. 1, (May 2021), https://www.fsigenetics.com/action/showPdf?pii=S1872-
4973%2821%2900013-2 (last visited Mar. 23, 2023).
17
Kelly Lowenberg, Applying the Fourth Amendment when DNA Collected for One Purpose is Tested for Another, 79 U. Cin. L. Rev.
1289, 1293 (2011), https://law.stanford.edu/wp-content/uploads/2011/11/APPLYING-THE-FOURTH-AMENDMENT-WHEN-DNA-
COLLECTED-FOR-ONE-PURPOSE.pdf (last visited Mar. 23, 2023).
18
Id.
19
FBI, Frequently Asked Questions on CODIS and NDIS, https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-
ndis-fact-sheet (last visited Mar. 23, 2023). STORAGE NAME: h1327c.EEG PAGE: 4
DATE: 3/29/2023
When a suspect’s identity is unknown, a participating crime laboratory may upload a forensic profile
into CODIS to compare against additional DNA profiles uploaded by other federal, state, or local
participating laboratories. If a match is identified, the laboratories involved exchange information to
verify the match and establish coordination between the two agencies. This match can provide
probable cause for law enforcement to obtain a warrant to collect a biological reference sample from an
offender. A laboratory can then perform DNA analysis on the known biological sample and present the
analysis as evidence in court.
20
Investigative Genetic Genealogy (IGG)
In contrast to traditional methods of DNA comparison using STR profiles in CODIS, investigative
genetic genealogy (IGG), also known as forensic genetic genealogical DNA analysis and searching
21
or
forensic genetic genealogy,
22
utilizes single nucleotide polymorphism (SNP)
23
-based DNA matching
combined with family tree research to produce investigative leads in criminal investigations and missing
persons cases.
24
IGG differs from the traditional STR DNA matching utilized on CODIS in the
technology employed, the nature of the databases utilized, the genetic markers involved, and the
algorithms run. Information and data derived from IGG is not, and cannot be, uploaded, searched, or
retained in any CODIS DNA Index.
25
IGG examines more than half a million SNP DNA markers which replace the STR DNA markers
typically analyzed.
26
Based on the nature of SNP markers scientists are able to identify shared blocks
of DNA between a forensic sample and the sample donor’s potential relatives.
27
SNP markers have
been identified as being more stable than STR markers and allow for increased accuracy in identifying
potential familial connections.
28
The technology to conduct SNP testing became readily available to the general public in 2007 through
direct-to-consumer testing companies (DTCs). Consumers purchase test kits and provide DNA samples
to the companies who then generate genetic data using SNP microarrays
29, 30
that produce 600,000 to
700,000 SNP markers. The companies can then analyze the SNP markers for purposes such as:
Biogeographical ancestry information;
Identifying potential genetic relatives; and
Health, wellness, and trait conditions and predispositions.
31
When the purpose is to search for potential genetic relatives, the SNP DNA profile is compared against
genetic profiles of individuals who have voluntarily submitted their biological samples to these
databases. A computer algorithm then evaluates potential familial relationships between the sample
donor and service users.
32
20
Id.
21
U.S. Department of Justice, Interim Policy: Forensic Genetic Genealogical DNA Analysis and Searching,
https://www.justice.gov/olp/page/file/1204386/download (last visited Mar. 23, 2023).
22
Supra note 16, at 2.
23
Each SNP represents a variation in a single DNA building block. Medline Plus, National Library of Medicine, What are single
nucleotide polymorphisms (SNPs)?, https://medlineplus.gov/genetics/understanding/genomicresearch/snp/ (last visited Mar. 23, 2023).
24
Supra note 16, at 2.
25
Supra note 21, at 3-4.
26
Supra note 21, at 3.
27
Supra note 21, at 3.
28
Alasdair Macdonald and Graham Holton, What is STR and SNP DNA?, Who Do You Think You Are?,
https://www.whodoyouthinkyouaremagazine.com/tutorials/dna/what-is-str-and-snp-dna/ (last visited Mar. 23, 2023).
29
A microarray tool is used to determine whether DNA from a particular individual contains a mutation in genes. National Human
Genome Research Institute, DNA Microarray Technology Fact Sheet, https://www.genome.gov/about-genomics/fact-sheets/DNA-
Microarray-Technology (last visited Mar. 23, 2023).
30
Whole genome sequencing (WGS) is another way to create SNP datasets that mirrors microarray technology and has been widely
adopted to ensure sensitivity to challenging forensic sampling. Supra note 16.
31
Scientific Working Group DNA Analysis Methods, Overview of Investigative Genetic Genealogy,
https://www.swgdam.org/_files/ugd/4344b0_6cc9e7c82ccc4fc0b5d10217af64e31b.pdf (last visited Mar. 23, 2023).
32
Supra note 21, at 3. STORAGE NAME: h1327c.EEG PAGE: 5
DATE: 3/29/2023
There are four principal DTCs: Ancestry, FamilyTreeDNA (FTDNA), MyHeritage, and 23andMe. As of
August 2020, the four principal DTCs have tested over 36 million people. Many DTC genetic testing
providers maintain their customers’ SNP data in a database. However, the DTCs permit customers to
retrieve their data to personally maintain, control, and share their SNP file. Individuals can share their
SNP file with researchers and third-party services, such as GEDmatch, that offer to interpret their SNP
data.
33
In addition to the four principal DTCs there are also two frequently-utilized third-party services:
GEDmatch and DNASolves. GEDmatch does not provide genetic testing services but instead provides
a central location for users to upload and share their SNP file. GEDmatch allows users to search for
matches with people who have tested on different platforms at different testing companies and have
subsequently shared their SNP file with GEDmatch.
34
GEDmatch is also able to accept raw data from
both microarrays and WGS and can be used for law enforcement matching.
35
Similarly, DNASolves
does not provide genetic testing services, but does accept user-uploaded SNP data from the four
principal DTCs.
36
Law enforcement agencies have begun opting to utilize IGG over more traditional searches on CODIS
because the profiles uploaded on CODIS use far fewer STR genetic markers than the hundreds of
thousands of SNP markers available on genetic genealogy companies’ databases.
In response to the increase in the utilization of IGG, the U.S. Department of Justice (DOJ) issued an
Interim Policy on IGG. The Policy provides that law enforcement agencies may initiate the IGG process
when a case involves an unsolved violent crime or unidentified human remains. The Policy provides
guidelines for the IGG process including:
Before the IGG progress may be initiated an agency must have developed a STR DNA profile
from a collected crime scene sample and uploaded the sample into CODIS.
The agency must pursue all reasonable and viable investigative leads, including through a
CODIS search.
37
If a CODIS search fails to produce a probative and confirmed DNA match, the agency may
utilize IGG.
If the case is properly postured to use IGG, the agency must develop, generally through a third-
party vendor, a SNP DNA profile from the collected sample and then upload the DNA profile to
DTCs and other third-party genetic genealogy companies (collectively referred to as “GG”
companies) to identify potential genetic relatives in the database.
The agency must identify themselves as law enforcement to GG companies and enter and
search SNP DNA profiles only in those GG company databases that provide explicit notice to
their service users and the public that law enforcement may use their service sites to investigate
crimes or to identify unidentified human remains.
If the search results in one or more genetic associations, the GG company provides law
enforcement with a list of genetically associated
38
service user names along with an estimated
relationship.
The agency may not arrest a suspect based solely on a genetic association generated by a GG
company.
The agency must treat this information as an investigate lead only and must utilize traditional
genealogy research and other investigative work to determine the true nature of the genetic
33
Supra note 31, at 2.
34
Id.
35
Supra note 16, at 13.
36
Supra note 16, at 15.
37
“Reasonable investigative leads” are credible, case-specific facts, information, or circumstances that would lead a reasonably
cautious investigator to believe that their pursuit would have a fair probability of identifying a suspect. Supra note 21, at 5.
38
A genetic association means that the donor of the sample may be related to the service user. Supra note 21, at 4. STORAGE NAME: h1327c.EEG PAGE: 6
DATE: 3/29/2023
association, including creating a STR DNA profile of the new suspect and comparing it to the
forensic profile previously uploaded to CODIS.
If a suspect is arrested and charged with a criminal offense the agency must direct the GG
company to remove from its databases and return the SNP DNA profile and all associated
information to the agency.
Biological samples and SNP DNA profiles may not be used to determine the donor’s genetic
predisposition for disease or any other medical condition or psychological trait.
39
DTCs and Third-Party Companies and Law Enforcement Access
Of the four principal commercial companies only FTDNA allows law enforcement matching within the
opted in section of its database. Law enforcement agencies that want to use the FTDNA database are
required to register all forensic samples and genetic files prior to uploading. FTDNA may grant
permission to use the database only after the required documentation is submitted, reviewed, and
approved. Even if permission is granted, access is limited for the purposes of identifying remains of
deceased individuals and identifying perpetrators of homicide, sexual assault, or abduction.
40
FTDNA
allows users to opt out of law enforcement searches.
41
GEDmatch, a citizen science website founded in 2010, proved crucial to the initial development of IGG.
GEDmatch allows DNA profiles to be uploaded from a wide variety of sources, including law
enforcement agencies. GEDmatch launched a dedicated law enforcement portal in December 2020.
GEDmatch allows samples of unidentified human remains to be compared against the entire database,
while profiles uploaded to identify the perpetrator of a violent crime
42
may only be matched against the
opt in portion of the database. GEDmatch users are automatically opted out of law enforcement
searches but may choose to opt in.
43
DNASolves was setup in December 2019 and is intended to be a dedicated SNP database for law
enforcement use. Users on DNASolves contribute data solely to solve crime, there is no public-facing
search and users cannot be matched with relatives. Users may voluntarily submit their name, date of
birth, and their parents’ names to assist investigators.
44
Although, IGG materials and information may be exempt as active criminal intelligence or investigative
information, the materials and information would become subject to public records requirements when
no longer considered active.
Effect of Proposed Changes
CS/HB 1327 amends s. 119.071, F.S., to make confidential and exempt from public records
requirements IGG information and materials.
The bill defines “investigative genetic genealogy information and materials” as the information, records,
and DNA records created or collected by or on behalf of a law enforcement agency conducting IGG
research, and includes the names and personal identifying information of persons identified through the
use of genealogy databases, traditional genealogical methods, or other investigative means. The term
does not include the name or personal identifying information of:
The donor of a biological sample attributable to a perpetrator; or
A person identified through IGG who is a witness to or has personal knowledge related to the
crime under investigation.
39
Supra notes 21 and 31.
40
Supra note 16, at 12.
41
Supra note 31, at 3.
42
GEDmatch defines “violent crime” as murder, non-negligent manslaughter, aggravated rape, robbery, and aggravated assault. Supra
note 31, at 3.
43
Supra note 31, at 4.
44
Supra note 16, at 15. STORAGE NAME: h1327c.EEG PAGE: 7
DATE: 3/29/2023
The bill provides an exception for law enforcement agencies, to:
Allow an agency to disclose IGG information and materials in furtherance of its official duties
and responsibilities or to another governmental agencies in furtherance of its official duties and
responsibilities; and
Require an agency to disclose IGG information and materials pursuant to a court order for the
furtherance of a criminal prosecution. The recipient of such a disclosure must maintain the
confidential and exempt status of the information and materials and may only publicly disclose
them as necessary for the purposes of a criminal prosecution as determined by the court.
The bill provides for retroactive application of the newly-created public record exemption to all IGG
information and materials, held by an agency before, on, or after July 1, 2023.
The public record exemption created by the bill is subject to the Open Government Sunset Review Act
and will automatically repeal on October 2, 2028, unless reviewed and saved from repeal by the
Legislature.
The bill also provides the constitutionally required public necessity statement.
45
The bill defines additional terms, including:
“DNA record” which means all information associated with the collection and analysis of a
person’s DNA sample, including the distinguishing characteristics collectively referred to as a
DNA profile, and includes a single nucleotide polymorphism and a whole genome sequencing
DNA profile.
“Genetic genealogy” which means the use of DNA testing in combination with traditional
genealogical methods to infer relationships between persons and determine ancestry.
“Investigative genetic genealogy” which means the application of genetic genealogy and law
enforcement investigative techniques to develop investigative leads in unsolved violent crimes
and provide investigative leads as to the identify of unidentified human remains and living
unidentified missing persons.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 119.071, F.S., relating to general exemptions from inspection or copying of
public records.
Section 2: Provides a statement of public necessity.
Section 3: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
45
Art. I, s. 24(c), Fla. Const., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.” STORAGE NAME: h1327c.EEG PAGE: 8
DATE: 3/29/2023
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an insignificant negative fiscal impact on entities holding IGG information and
materials, as staff responsible for complying with public record requests may require training related to
the new public record exemption. However, any additional costs will likely be absorbed within existing
resources.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly-created or expanded public record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption; thus, it includes a public necessity statement. The public necessity statement states that
the Legislature finds, in part, that failure to properly protect and limit the disclosure of IGG
information and materials will hinder the ability of law enforcement to use IGG to solve violent crimes
and provide closure to the family members of victims.
Breadth of Exemption
Article I, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law. The bill creates a public record exemption for IGG information and materials, which does not
appear to be broader than necessary to accomplish its purpose.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None. STORAGE NAME: h1327c.EEG PAGE: 9
DATE: 3/29/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 21, 2023, the Criminal Justice Subcommittee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment:
Clarified that the name and personal identifying information of the following persons are
excluded from the public records exemption:
o The donor of a biological sample attributable to a perpetrator.
o A person identified through IGG who is a witness to or has personal knowledge related
to the crime under investigation.
Clarified that if a court orders disclosure of IGG information and materials in the furtherance of a
criminal prosecution, the recipient must maintain the confidential and exempt status of the
information and materials.
Added a definition of “DNA record.”
Clarified that the definition of “investigative genetic genealogy information and materials”
includes DNA records.
Removed definitions for “SNP” and “WGS,” as the terms are now included within the definition
of “DNA record.”
Made other technical clarifying changes.
The analysis is drafted to the committee substitute as passed by the Criminal Justice Subcommittee.