H-3368.1  _______________________________________________

 

                          HOUSE BILL 2732

          _______________________________________________

 

State of Washington      56th Legislature     2000 Regular Session

 

By Representatives Miloscia, O'Brien, Ballasiotes and Anderson

 

Read first time 01/19/2000.  Referred to Committee on Criminal Justice & Corrections.

Expanding the DNA identification system.


    AN ACT Relating to the collection of DNA samples from convicted felons; amending RCW 43.43.754; and creating a new section.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  The legislature finds that the DNA identification system is becoming increasingly useful in the accurate investigation and prosecution of criminal offenses.  The legislature further finds that the use of DNA identification deters recidivist acts, significantly aids in the exculpation of innocent persons, and allows for the accurate identification of prisoners for institutional purposes.  Thus the legislature has determined that it is in the public interest to expand the DNA identification system to include all convicted felons.

 

    Sec. 2.  RCW 43.43.754 and 1999 c 329 s 2 are each amended to read as follows:

    (1) Every adult or juvenile ((individual)) convicted of a felony ((or adjudicated guilty of an equivalent juvenile offense defined as a sex offense under RCW 9.94A.030(33)(a) or a violent offense as defined in RCW 9.94A.030)) shall have a blood sample drawn for purposes of DNA identification analysis.

    (a) For such persons ((convicted of such offenses or adjudicated guilty of an equivalent juvenile offense)) who are serving or who are to serve a term of confinement in a county jail or detention facility, the county shall be responsible for obtaining the blood sample((s)) either as part of the intake process into ((the county jail or detention)) such facility ((for those persons convicted on or after July 25, 1999,)) or ((within a reasonable time after July 25, 1999,)) for those persons incarcerated prior to ((July 25, 1999,)) the effective date of this act who have not yet had a blood sample drawn, within a reasonable time after the effective date of this act, beginning with those persons who will be released the soonest.

    (b) For such persons ((convicted of such offenses or adjudicated guilty of an equivalent juvenile offense,)) who are serving or who are to serve a term of confinement in a department of corrections facility or a ((division of)) juvenile rehabilitation administration facility, the facility holding the person shall be responsible for obtaining blood samples either as part of the intake process into such facility ((for those persons convicted on or after July 25, 1999, or within a reasonable time after July 25, 1999)) or, for those persons incarcerated prior to ((July 25, 1999,)) the effective date of this act who have not yet had a blood sample drawn, within a reasonable time after the effective date of this act, beginning with those persons who will be released the soonest.

    (c) For such persons who are not sentenced to a term of confinement, or who do not serve any portion of their term of confinement after sentencing, the blood sample shall be drawn prior to release by the court.

    (2) Any blood sample taken pursuant to RCW 43.43.752 through 43.43.758 shall be used solely for the purpose of providing DNA or other blood grouping tests for identification analysis and prosecution of ((a sex offense or a violent)) felony offenses.

    ((This section applies to all adults who are convicted after July 1, 1990; and to all adults who were convicted on or prior to July 1, 1990, and who are still incarcerated on or after July 25, 1999.  This section applies to all juveniles who are adjudicated guilty after July 1, 1994; and to all juveniles who were adjudicated guilty on or prior to July 1, 1994, and who are still incarcerated on or after July 25, 1999.))

    (3) This section applies to all adults and juveniles who are:

    (a) Convicted of any felony on or after the effective date of this act;

    (b) Convicted of any felony before the effective date of this act, if such persons are still incarcerated on the effective date of this act;

    (c) Convicted after July 1, 1990, of any sex offense or violent offense, as those terms are defined in RCW 9.94A.030; or

    (d) Convicted on or before July 1, 1990, of any sex offense or violent offense, as those terms are defined in RCW 9.94A.030, if such persons were still incarcerated on July 25, 1999.

    (4) For the purposes of this section, "convicted" means adjudicated guilty under Title 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and an acceptance of a plea of guilty.

 


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