HOUSE BILL REPORT

2SSB 5375

As Amended by the House

BYSenate Committee on Ways & Means (originally sponsored by Senators Pullen, Talmadge, Owen, McMullen, Thorsness, Madsen, Sutherland, Gaspard and Benitz)

Establishing a DNA identification system.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (17)

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

House Staff:Pat Shelledy (786-7149)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Appropriations and without amendments by Committee on Judiciary.  (24)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Brough, Dorn, Ferguson, Hine, May, McLean, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle and Wineberry.

House Staff:      Jack Daray (786-7136)

AS PASSED HOUSE APRIL 5, 1989

BACKGROUND:

Deoxyribonucleic acid (DNA) is an organic substance found in the chromosomes that are structures within the nuclei of cells.  DNA provides a biological blueprint for individual human beings.

Alec Jeffreys, a geneticist, developed a genetic typing technique to obtain information on an individual's DNA blueprint.  The technique was used in a crime investigation three years ago.

The procedure Jeffreys developed involved chopping up the DNA that makes up the genes found in cells, marking the fragments with radioactive markers and propelling them with an electrical current through a gel.  The individualized "print" is the set of tracks made by the DNA fragments, which travel different distances based upon their electrical charge.

DNA prints enable forensic scientists to identify suspects using semen, bloodstains, hair and skin tissue, rather than through less precise methods of blood and fingerprint comparisons.

SUMMARY:

The Legislature finds DNA typing is superior to other forensic tests and important to successful prosecution of sex and violent offenses.

The Washington State Patrol, in consultation with the University of Washington School of Medicine, must develop a plan and safeguards for a DNA identification system and report to the Legislature by November 1, 1989.  The report is to include a time line for implementing each stage of the system, a cost/purchase analysis, a vendor bid evaluation, a local agency financial participation analysis and a space location analysis.  Upon legislative approval of the plan and safeguards, the state patrol may implement the system after July 1, 1990. A program for the administration and collection of blood samples is to be developed.

After July 1, 1990 and the adoption of appropriate safeguards, individuals convicted of felony sex offenses and violent offenses shall have a blood sample drawn for purposes of DNA identification analysis and the prosecution of sex offenses and violent offenses.  Such samples are to be taken in a medically approved manner by a physician, registered nurse or licensed phlebotomist and can only be used for the purposes of DNA identification analysis or other blood grouping tests for identification analysis and prosecution.

The state patrol in consultation with the University of Washington School of Medicine is to: (1) provide assistance to law enforcement and prosecutors in the preparation and utilization of DNA evidence for presentation in court; and (2) provide expert testimony in court on DNA evidentiary issues.  This provision is contingent upon funding in the state budget.

No local law enforcement agencies may establish or operate a DNA identification system unless it is compatible with the state system, until July 1, 1990, and uless the plans and safeguards do not conflict with the rules applicable to the state patrol.

Any federal funds that may be available for the DNA identification system must be spent prior to expending state funds.  An appropriation of $610,000 is included and a restriction on expending funds for the system's data bank until legislative approval and July 1, 1990 are added.

Appropriation:    $610,000 to the Washington State Patrol.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Judiciary)  Ed Crawford and Rick Jensen, Washington State Patrol; Mike Redman, Washington Association of Prosecuting Attorneys.

(Appropriations)  Ed Crawford, Washington State Patrol; Mike Redman, Washington Association of Prosecuting Attorneys.

House Committee - Testified Against:      (Judiciary)  None Presented.

(Appropriations)  None Presented.

House Committee - Testimony For:    (Judiciary)  DNA identification is a major breakthrough in forensic science that will immeasurably assist law enforcement efforts in prosecution of sexual and violent offenses.

(Appropriations)  Same as Judiciary.

House Committee - Testimony Against:      (Judiciary)  None Presented.

(Appropriations)  None Presented.