HOUSE BILL REPORT

SSB 6729

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Talmadge, McCaslin, Rasmussen, Newhouse, Niemi, Thorsness, Hayner, Madsen and Patrick)

Providing for DNA identification.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (16)

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

Minority Report:  Do not pass.  (2)

      Signed by Representatives Brough and Forner.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE MARCH 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 DNA law directed the State Patrol to consult with the University of Washington School of Medicine to develop 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 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 composition than called for in the vetoed provision.  The committee has developed a "DNA database security protocol" and a "protocol for saving DNA samples."

SUMMARY:

The State Patrol is given explicit authority to adopt rules to implement the DNA identification program.  The rules must limit the research use of DNA data to improving the identification program.

Jail and state corrections facility administrators are authorized to conduct or to have conducted blood sampling for DNA identification purposes.

The responsibility for obtaining the blood samples is clarified.  For persons convicted after July 1, 1990, the county is responsible for obtaining samples from offenders who are serving a term of confinement in a county jail or detention facility.  The Department of Corrections is responsible for obtaining samples from persons convicted after July 1, 1990 who are serving a term of confinement in a Department of Corrections facility.

Fiscal Note:      Requested January 26, 1990.

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

House Committee ‑ Testified For:    Ruben Cedeno, Department of Corrections; and Rick Jensen, Washington State Patrol.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill adds necessary clarity and supplies rulemaking authority to implement the law.

House Committee - Testimony Against:      None.