SENATE BILL REPORT
2SSB 5375
BYSenate Committee on Ways & Means (originally sponsored by Senators Pullen, Talmadge, Owen, McMullen, Thorsness, Madsen, Sutherland, Gaspard and Benitz)
Establishing a DNA identification system.
Senate Committee on Law & Justice
Senate Hearing Date(s):January 25, 1989; February 9, 1989
Majority Report: That Substitute Senate Bill No. 5375 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.
Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Nelson, Newhouse, Rasmussen, Talmadge, Thorsness.
Senate Staff:Cliff Petersen (786-7457)
February 9, 1989
Senate Committee on Ways & Means
Senate Hearing Date(s):March 2, 1989; March 3, 1989
Majority Report: That Second Substitute Senate Bill No. 5375 be substituted therefor, and the second substitute bill do pass.
Signed by Senators McDonald, Chairman; Amondson, Bailey, Bluechel, Cantu, Gaspard, Hayner, Johnson, Lee, Matson, Newhouse, Owen, Saling, Talmadge, Warnke, Wojahn.
Senate Staff:Randy Hodgins (786-7438)
April 7, 1989
AS PASSED SENATE, MARCH 14, 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.
Through a genetic typing technique first used in a crime investigation three years ago by Alec Jeffreys, a geneticist at the University of Leicester, information is obtained that creates an individual's unique DNA print.
Basically, the procedure Jeffreys developed involves 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 unique individualized "print" is the set of tracks made by the DNA fragments, which travel different distances based upon their electrical charge.
It is believed that such prints are more useful than standard fingerprints because of their unique character, and because they enable forensic scientists to identify suspects using semen, bloodstains, hair and skin tissue.
SUMMARY:
The intent of this act is to develop a means for the statewide collection, analysis, storage and use of DNA identification data.
The Washington State Patrol, in consultation with the University of Washington School of Medicine, is required to develop a plan for and implement 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.
In order to protect the privacy interests of those affected, specific rules and procedures for the collection, analysis, storage, expungement and use of DNA identification data are to be promulgated by the State Patrol after consultation with forensic evidence, biomedical ethics and civil liberties experts. Additionally, a program for the administration and collection of blood samples is to be developed. 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 purpose of DNA identification analysis.
After December 1, 1989 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 in the prosecution of sex offenses and violent offenses.
Beginning June 1, 1990, the State Patrol in consultation with the University of Washington School of Medicine is to: (1) provide DNA analysis services to Washington law enforcement agencies; (2) provide assistance to law enforcement and prosecutors in the preparation and utilization of DNA evidence for presentation in court; and (3) provide expert testimony in court on DNA evidentiary issues.
No local law enforcement agencies may establish or operate a DNA identification system unless it is compatible with the state system.
Any federal funds which may be available for the DNA identification system must be spent prior to expending state funds.
The measure is contingent upon funding in the state budget.
Appropriation: none
Revenue: none
Fiscal Note: available
Senate Committee - Testified: LAW & JUSTICE: John Hicks, Federal Bureau of Investigation (pro); Ed Crawford, Washington State Patrol (pro); Dr. Carole Jenny, University of Washington (pro); Jerry Sheehan, American Civil Liberties Union; John Anderson, Washington State Patrol Crime Lab (pro); Howard Coleman, Genelux Corp. (pro)
Senate Committee - Testified: WAYS & MEANS: Rick Jensen, Washington State Patrol (pro)
HOUSE AMENDMENT:
A portion of the intent section that states the Legislature's intent is to develop a means for collection, analysis, storage, expungement and use of DNA identification data is stricken. The State Patrol is not to implement its identification system until July 1, 1990, and only after legislative adoption of appropriate safeguards for the collection, analysis, storage, expungement and use of DNA identification data. The provisions requiring the State Patrol to establish specific rules and procedures for the collection, analysis, storage, expungement and use of DNA data is deleted.
The provision requiring the State Patrol in consultation with the University of Washington School of Medicine to provide DNA analysis services to Washington law enforcement agencies is deleted.
The provisions requiring the State Patrol to provide assistance to law enforcement and prosecutors in using DNA evidence in court and providing expert testimony in court are made permissive.
Collection of blood samples from convicted sex offenders and violent offenders is delayed until July 1, 1990.
A provision requiring local identification systems to comply with state rules and regulations is added.
An appropriation of $610,000 is included and a restriction on expending funds for the system's data bank until July 1, 1990, and after legislative approval are added.