_______________________________________________
HOUSE
BILL 1757
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 02/04/1999.
Referred to Committee on Criminal Justice & Corrections.
Expanding
the number of inmates subject to mandatory DNA testing.
AN
ACT Relating to DNA identification; 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 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.
2. 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.
NEW SECTION. Sec. 3. 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.
