[atlas:bill]

AN ACT Relating to DNA identification; amending RCW 43.43.754; adding a new chapter to Title 70 RCW; and creating new sections.

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

PART I

THE DNA IDENTIFICATION SYSTEM

NEW SECTION. Sec. 101. The legislature finds it necessary to expand the current pool of convicted offenders who must have a blood sample drawn for purposes of DNA identification analysis. The legislature further finds that there is a high rate of recidivism among certain types of violent and sex offenders and that drawing blood is minimally intrusive. Creating an expanded DNA data bank bears a rational relationship to the public's interest in enabling law enforcement to better identify convicted violent and sex offenders who are involved in unsolved crimes, who escape to reoffend, and who reoffend after release.

Sec. 102. RCW 43.43.754 and 1994 c 271 s 402 are each amended to read as follows:

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((~~(31)~~)) (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. For 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 blood samples ((~~prior to release from~~)) either as part of the intake process into the county jail or detention facility for those persons convicted on or after the effective date of this act, or within a reasonable time after the effective date of this act for those persons incarcerated prior to the effective date of this act who have not yet had a blood sample drawn, beginning with those persons who will be released the soonest. For 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 facility, the facility holding the person shall be responsible for obtaining blood samples ((~~prior to release from~~)) either as part of the intake process into such facility for those persons convicted on or after the effective date of this act, or within a reasonable time after the effective date of this act for those persons incarcerated prior to the effective date of this act who have not yet had a blood sample drawn, beginning with those persons who will be released the soonest. 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 offense.

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 the effective date of this act. 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 the effective date of this act.

PART II

THE CHILD IDENTIFICATION PROGRAM

NEW SECTION. Sec. 201. (1) This chapter shall be known and may be cited as the "child identification program" act of 1999.

(2) The legislature finds that the technology of deoxyribonucleic acid, DNA, testing is of great potential benefit to the citizens of this state. Having a child's DNA sample available will enable parents to better assist law enforcement in finding and identifying a child in the unfortunate event of a child's disappearance or abduction, and in identifying children who may be victims in accidents or natural disasters. Obtaining a DNA sample simply requires the placement of a drop of blood on specially treated paper for long-term storage by the parent. It is the intent of the legislature that all health care providers, including hospitals, birthing centers, and physicians, assist parents in obtaining blood samples for safekeeping by the parent.

NEW SECTION. Sec. 202. (1) Every licensed hospital and every licensed birthing center shall, notify potential parents as part of the admission process for labor and delivery that the hospital or birthing center is a participant in the child identification program and will provide a DNA sample for identification purposes to the parent upon request and upon payment of a fee to be determined by the hospital or birthing center. The fee may not exceed the reasonable cost of obtaining the sample and necessary materials. If the parent elects to participate and pays the fee, the hospital or birthing center shall obtain the DNA sample and provide the sample to the parent for safekeeping. Nothing in this section shall be considered as a health service under the medicaid program, and the fee paid is not subject to the copayment limitations set forth therein. No copy or any record of any DNA samples provided to a parent may be created or maintained by any entity participating in the child identification program.

(2) The legislature encourages all physicians who provide primary care to children born before implementation of the child identification program to participate voluntarily and offer the child identification program to their patients. The department of health is encouraged to assist licensed physicians in learning about and participating in the child identification program.

NEW SECTION. Sec. 203. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 204. Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 205. Sections 201 and 202 of this act constitute a new chapter in Title 70 RCW.