SENATE BILL REPORT

SHB 2349

BYHouse Committee on Judiciary (originally sponsored by Representatives 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

Senate Committee on Law & Justice

Senate Hearing Date(s):February 22, 1990; February 23, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Nelson, Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                  February 27, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 23, 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 State Patrol must consult with the University of Washington School of Medicine in developing a plan for the implementation of a DNA 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.

The provision creating an oversight committee to recommend to the Legislature "specific rules and procedures for the collection, analysis, storage, expungement, and use of DNA identification data" was vetoed by the Governor.  The provision would have required that the rules and procedures to "protect the privacy interests of affected parties" and 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 called for in the vetoed provision.  The committee has developed a "DNA data base 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 prohibit the use of DNA identification data for any research or other purposes that are not related to a criminal investigation or to improving the operation of the DNA system.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 15, 1990

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

SUMMARY OF PROPOSED SENATE AMENDMENTS:

Amendments are provided to clarify that jail and state corrections facility administrators are authorized to conduct or cause to be 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 blood samples from those selected offenders who are serving a term of confinement in a county jail or detention facility.  The Department of Corrections is responsible for obtaining the samples for those persons serving a term of confinement in a Department of Corrections facility.

Senate Committee - Testified: Major Rick Jensen, Washington State Patrol