HOUSE BILL REPORT

HB 2349

BYRepresentatives R. Meyers, Schmidt, Inslee, Rector, Pruitt, R. King, Holland, Kremen, McLean, Crane, Winsley, Schoon, K. Wilson, Locke, Brough, Miller, Van Luven, H. Myers and Kirby; by request of Washington State Patrol

Providing for DNA identification.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (16)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 1, 1990

BACKGROUND:

In 1989, the Legislature enacted a law directing the establishment of a deoxyribonucleic acid (DNA) identification program.  The identification program is useful in law enforcement and is based on the fact that each person's DNA structure is unique.  Improving laboratory techniques have made it increasingly possible to match DNA samples from a wide variety of relatively small samples of human tissues and fluids.

After July 1, 1990, every person convicted of a felony sex offense or a violent offense as defined in the sentencing reform act is to be identified through a DNA analysis of his or her blood.

Local jurisdictions are prohibited from establishing DNA data base identification systems before July 1, 1990, and after that date any local system must meet certain criteria including compatibility with the state system.  Local jurisdictions are authorized to use DNA analysis in individual criminal investigations and prosecutions.  The state patrol is given rule making authority over the establishment and operation of local DNA systems.

The DNA law directs the state patrol to consult with the University of Washington school of medicine in developing a plan for the implementation of an identification program.  The state patrol has submitted a plan for the implementation of the program that includes: timelines; local agency financial participation; DNA analysis protocol; program cost analysis; equipment requirements; and space and location requirements for the laboratory.

One provision of the 1989 law was vetoed by the governor.  This provision would have created an oversight committee to recommend to the legislature "specific rules and procedures for the collection, analysis, storage, expungement, and use of DNA identification data."  The vetoed provision would have required that the rules and procedures "protect the privacy interests of affected parties."  The provision also would have directed the state patrol in cooperation with the medical school to develop procedures to be used in collecting blood samples.

The governor appointed an oversight committee, although of different make-up than the committee called for in the vetoed provision.  The committee has developed a "DNA data base security protocol" and a "protocol for saving DNA Samples."

SUMMARY:

SUBSTITUTE BILL:  The state patrol is given explicit authority to adopt rules to implement the DNA identification program.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute adds the restriction on data research.

Fiscal Note:      Requested January 15, 1990.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    No one.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    None.

House Committee - Testimony Against:      None.