BILL REQ. #:  S-1146.3 

READ FIRST TIME 02/25/05.   

     AN ACT Relating to expansion of the DNA identification system; amending RCW 43.43.754 and 43.43.7532; and prescribing penalties.

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

Sec. 1   RCW 43.43.754 and 2002 c 289 s 2 are each amended to read as follows:
     (1) Every adult or juvenile individual convicted of a felony, ((stalking under RCW 9A.46.110, harassment under RCW 9A.46.020, communicating with a minor for immoral purposes under RCW 9.68A.090)) a gross misdemeanor if the offender has a criminal history that includes a felony committed within the last ten years prior to the current conviction, one of the following offenses: RCW 9A.36.041, 9A.44.096, 9A.44.170, 9A.46.020, 9A.46.110, 9A.88.010, 26.44.080, 26.50.110, or adjudicated guilty of an equivalent juvenile offense, must have a biological sample collected for purposes of DNA identification analysis in the following manner:
     (a) For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do serve a term of confinement in a city or county jail facility, the city or county shall be responsible for obtaining the biological samples either as part of the intake process into the city or county jail or detention facility for those persons convicted on or after July 1, 2002, or within a reasonable time after July 1, 2002, for those persons incarcerated before July 1, 2002, who have not yet had a biological sample collected, beginning with those persons who will be released the soonest.
     (b) For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do not serve a term of confinement in a city or county jail facility, the local police department or sheriff's office is responsible for obtaining the biological samples after sentencing on or after July 1, 2002.
     (c) 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 department of social and health services facility, the facility holding the person shall be responsible for obtaining the biological samples either as part of the intake process into such facility for those persons convicted on or after July 1, 2002, or within a reasonable time after July 1, 2002, for those persons incarcerated before July 1, 2002, who have not yet had a biological sample collected, beginning with those persons who will be released the soonest.
     (2) Any biological sample taken pursuant to RCW 43.43.752 through 43.43.758 may be retained by the forensic laboratory services bureau, and shall be used solely for the purpose of providing DNA or other tests for identification analysis and prosecution of a criminal offense or for the 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.
     (3) The director of the forensic laboratory services bureau of the Washington state patrol shall perform testing on all biological samples collected under subsection (1) of this section, to the extent allowed by funding available for this purpose. The director shall give priority to testing on samples collected from those adults or juveniles convicted of a felony or adjudicated guilty of an equivalent juvenile offense that is defined as a sex offense or a violent offense in RCW 9.94A.030.
     (4) This section applies to all adults who are convicted of a sex or violent offense after July 1, 1990; and to all adults who were convicted of a sex or violent offense 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 of a sex or violent offense after July 1, 1994; and to all juveniles who were adjudicated guilty of a sex or violent offense on or prior to July 1, 1994, and who are still incarcerated on or after July 25, 1999. This section applies to all adults and juveniles who are convicted of a felony other than a sex or violent offense, stalking under RCW 9A.46.110, harassment under RCW 9A.46.020, or communicating with a minor for immoral purposes under RCW 9.68A.090, or adjudicated guilty of an equivalent juvenile offense, on or after July 1, 2002; and to all adults and juveniles who were convicted or adjudicated guilty of such an offense before July 1, 2002, and are still incarcerated on or after July 1, 2002. This section applies to all adults and juveniles who are convicted of a felony, a gross misdemeanor if the offender has a criminal history that includes a felony committed within the last ten years prior to the current conviction, or one of the following offenses: RCW 9A.36.041, 9A.44.096, 9A.44.170, 9A.46.020, 9A.46.110, 9A.88.010, 26.44.080, 26.50.110, on or after the effective date of this act; and to all adults and juveniles who were convicted or adjudicated guilty of such an offense before the effective date of this act, and are still incarcerated on or after the effective date of this act.
     (5) This section creates no rights in a third person. No cause of action may be brought based upon the noncollection or nonanalysis or the delayed collection or analysis of a biological sample authorized to be taken under RCW 43.43.752 through 43.43.758.
     (6) The detention, arrest, or conviction of a person based upon a data base match or data base information is not invalidated if it is determined that the sample was obtained or placed in the data base by mistake, or if the conviction or juvenile adjudication that resulted in the collection of the biological sample was subsequently vacated or otherwise altered in any future proceeding including but not limited to posttrial or postfact-finding motions, appeals, or collateral attacks.

Sec. 2   RCW 43.43.7532 and 2002 c 289 s 5 are each amended to read as follows:
     (1) The state DNA data base account is created in the custody of the state treasurer. All receipts under RCW 43.43.7541 must be deposited into the account. Expenditures from the account may be used only for:
     (a) Creation, operation, and maintenance of the DNA data base under RCW 43.43.754;
     (b) Biological sample analysis for samples taken under RCW 43.43.754;
     (c) Biological sample collection costs, which include reimbursing local law enforcement for collecting biological samples under RCW 43.43.754. These costs shall include expenditures for DNA collection kits, postage, training, and the extra time necessary to collect the biological sample;
     (d) Costs related to identifying biological samples as required under RCW 43.43.754(2);
     (e) Costs related to developing and implementing a system that can identify which individuals already have DNA profiles on the data base; and
     (f) Costs relating to testing crime scene DNA evidence.
     (2) Only the chief of the Washington state patrol or the chief's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. The chief shall make reimbursing local law enforcement for their biological sample collection costs under subsection (1)(c) of this section a priority expenditure for the funds received in the account.
     (3) Beginning in 2010, the chief of the Washington state patrol is authorized to proportionately redistribute account surpluses back to the local governments that contributed to the account. The local governments shall only use the surplus funds for forensic DNA related programs, such as training, DNA collection, and other programs that encourage the utilization of DNA to solve and prevent crimes.