WASHINGTON STATE PATROL

(4) "Biological sample" wherever used in this chapter means a buccal swab (a swabbing of the inside of the mouth between the cheek and gum). The Washington state patrol crime laboratory division will supply a buccal swab collection kit to any agency responsible for collecting convicted felon samples for DNA typing. If there is a reason that a buccal swab cannot be obtained, a bloodstain collected by a finger stick may be taken from the individual.)) (1) "Applicant" means a person requesting the patrol to expunge his or her DNA record retained in the patrol's DNA identification system.

The purpose of this chapter is to provide procedures for the operation of DNA identification systems as required by RCW 43.43.752 through 43.43.758, ((and to prohibit the improper use of DNA identification data as required by RCW 43.43.759)) identify appropriate sources and collection methods for biological samples needed for purposes of DNA identification analysis, and prohibit the use of DNA identification data obtained pursuant to this chapter for any research or other purpose that is not related to a criminal investigation, to the identification of human remains or to missing persons or to improve the operation of the DNA identification system.

DNA identification systems as authorized by chapter 43.43 RCW ((shall)) will be used only for three purposes:

(1) Identification of possible suspects in criminal investigations;

(2) Retention of convicted ((felon)) offender DNA identification ((databanking)) as required by RCW 43.43.754; and

(3) Identification of human remains or missing persons. Nothing in this section prohibits the submission of results derived from the biological samples to the Federal Bureau of Investigation combined DNA index system.

The DNA identification system established by the ((chief of the Washington state)) patrol ((shall)) must be compatible with the method(s) used by the Federal Bureau of Investigation. DNA identification systems established by ((other)) local law enforcement agencies ((shall)) must be compatible ((to the current Washington state patrol)) with the patrol's DNA identification system.

Law enforcement agencies establishing a DNA identification system ((shall)) must maintain written analytical procedures necessary to complete the analyses. A copy of the analytical procedures ((shall be forwarded)) must be submitted to the ((chief of the Washington state)) patrol to ensure compatibility with the ((Washington state patrol system. The chief shall approve or disapprove the procedures utilizing the standards set forth for DNA identification by the Federal Bureau of Investigation prior to any implementation by the submitting agency. The appeal process for any disapproval shall be)) patrol's DNA identification system. Before the law enforcement agency implements a DNA identification system, the patrol must approve that agency's analytical procedures. The patrol will use Federal Bureau of Investigation's standards for DNA identification to approve or deny the law enforcement agency's analytical procedures. If the patrol denies the law enforcement agency's analytical procedures, the agency may not implement the DNA identification system. The law enforcement agency may appeal the patrol's denial in accordance with the provisions of the Administrative Procedure Act (chapter 34.05 RCW).

(1) The collection, preservation, and shipment of ((blood)) biological samples obtained from convicted ((felons)) offenders pursuant to RCW 43.43.754 for the ((convicted felon databank program shall)) patrol's DNA identification system must be in conformance with ((the "Protocol for the Collection of Biological Sample for the Convicted Felon DNA Program" as prepared)) protocols established by the ((Washington state)) patrol ((crime laboratory division)). Copies of the current protocol may be obtained from the Washington State Patrol Crime Laboratory Division, ((Olympia, WA.

(c) If the convicted felon is sentenced on or after July 1, 2002, and does not serve a term of confinement in a city, county or state facility, the local police department or sheriff's office shall be responsible for obtaining the biological sample after sentencing)) 2203 Airport Way S., Suite 250, Seattle, WA 98134.

(2) ((Results from DNA identifications made from blood samples obtained from convicted felons under RCW 43.43.754 shall be submitted to the chief of the Washington state patrol and entered into the Washington state patrol DNA databank. Such results shall reside in the databank)) The DNA profile resulting from the convicted offender's biological sample will be entered into the patrol's DNA identification system. The patrol will retain the convicted offender's DNA record in its DNA identification system until expungement pursuant to WAC 446-75-070 or the patrol determines that the DNA record no longer qualifies to be retained in the DNA identification system.

(((1) A person desiring the destruction of his DNA identification data from a DNA databank shall make his request therefor on a form furnished by the chief of the Washington state patrol. The request shall)) An applicant may request the patrol to expunge his or her DNA record from the patrol's DNA identification system. The request must comply with this subsection and be mailed or delivered to the Washington State Patrol Crime Laboratory Division((, Olympia)) Headquarters, 2203 Airport Way S., Suite 250, Seattle, WA 98134.

(5) The Washington state patrol crime laboratory has discretion to deny the request for expungement.)) (1) An applicant's expungement request must:

The use of any data obtained from DNA identification procedures conducted pursuant to this chapter is prohibited for any research or other purpose not related to a criminal investigation, to identification of human remains or missing persons, or to improving the operation of the DNA identification system established by the ((Washington state)) patrol and authorized by RCW 43.43.752 through 43.43.759.