BILL REQ. #:  H-3841.2 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to the retention of biological material collected during criminal investigations; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) A work group on preservation of evidence for criminal justice purposes is established to study and make recommendations relating to establishing statewide standards for preserving biological material in felony cases in Washington state.
     (2) The work group shall consist of the following members:
     (a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (c) The chief of the Washington state patrol or the chief's designee;
     (d) The executive director of the Washington association of sheriffs and police chiefs or the executive director's designee;
     (e) One member representing the superior court judges' association;
     (f) One member representing the district and municipal court judges' association;
     (g) One member representing the Washington state association of counties;
     (h) One member representing the Washington association of prosecuting attorneys;
     (i) One member representing the Washington defender's association or the Washington association of criminal defense lawyers;
     (j) One member representing the Washington state association of cities;
     (k) One member representing the Washington association of county officials;
     (l) One evidence room technician who is employed by a county or city law enforcement agency;
     (m) Two persons representing victims of crimes and their family members and friends; and
     (n) Two members, appointed by the governor, who represent the community from the innocence network in Washington state.
     (3) Members of the work group shall select a chair.
     (4) At a minimum, the work group shall research, review, and make recommendations on whether to:
     (a) Preserve all items of biological material relating to felony offenses;
     (b) Ensure biological material is not lost, destroyed, or contaminated;
     (c) Determine consistent specified time periods that biological material be retained and secured in connection with a felony criminal investigation;
     (d) Develop a model policy for the collection, tracking, packaging, storing, and disposition of biological material, including the length of time biological material should be retained by a governmental entity; and
     (e) Develop a statewide policy that provides clear direction for the disposal of recovered property from misdemeanor criminal investigations when storage of evidence is an issue for felony criminal investigations.
     (5) The work group shall compile its findings and recommendations for the retention and disposition of biological material into a final report and provide its report to the appropriate committees of the legislature and governor by December 1, 2014.
     (6) The work group shall function within existing resources and no specific budget may be provided to complete the report. The participants are encouraged to donate their time to offset any costs.
     (7) This section expires January 1, 2015.