FINAL BILL REPORT

2SSB 5375

PARTIAL VETO

                              C 350 L 89

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 and Committee on Ways & Means

House Committe on Judiciary

Rereferred House Committee on Appropriations

SYNOPSIS AS ENACTED

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 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.

An oversight committee is established and is to recommend to the Legislature by November 1, 1989, specific rules and procedures for the collection, analysis, storage, expungement, and use of DNA identification data.  The rules and procedures are to be designed to protect the privacy interests of the affected parties.  The oversight committee is composed of the Chief of the Washington State Patrol, forensic evidence, biomedical ethics, and civil liberties experts, and four legislators from the House of Representatives and four legislators from the Senate.

After July 1, 1990, individuals convicted of felony sex offenses and violent offenses are to have a blood sample drawn for purposes of DNA identification analysis and the prosecution of sex offenses and violent offenses.

The State Patrol in consultation with the University of Washington School of Medicine may: (1) after July 1, 1990, 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 and complies with the procedures and rules applicable to the State Patrol DNA identification system.  An exception is provided to allow local law enforcement agencies to use DNA identification analysis in individual cases to assist law enforcement and prosecutors in the preparation and use of DNA evidence in criminal cases.

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:  $610,000 for the biennium ending June 30, 1991.

VOTES ON FINAL PASSAGE:

     Senate   40    0

     House 96  1 (House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

Free Conference Committee

     House 97  0

     Senate   47    0

EFFECTIVE:July 23, 1989

Partial Veto Summary:  The oversight committee which was created to recommend specific rules and procedures for the collection, analysis, storage, expungement and use of DNA identification data is removed from the legislation.

The provisions requiring the Washington State Patrol, in cooperation with the University of Washington School of Medicine, to develop a program for the proper administration and collection of blood samples are also removed from the bill.  (See VETO MESSAGE)