SENATE BILL REPORT

SB 5375

BYSenators 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)

                  March 7, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 3, 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.

Specific rules and procedures are to be promulgated by the State Patrol aimed at protecting the privacy interests of those affected.  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 shall have a blood sample drawn for purposes of DNA identification analysis which shall not be used for any other purpose.

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.

EFFECT OF PROPOSED SUBSTITUTE:

The State Patrol is to consult with forensic evidence, biomedical ethics and civil liberties experts before establishing specific rules and procedures for the collection, analysis, storage and use of DNA identification data.

Rules and procedures concerning expungement of DNA identification data are also to be developed.

After December 1, 1989, blood samples are to be drawn from every individual convicted of a violent offense as defined in RCW 9.94A.030(26).

Such samples in addition to being used for DNA identification analysis are to be used in the prosecution of sex offenses and violent offenses.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

Any federal funds which may be available for the DNA identification system must be spent prior to expending state funds.

The appropriation is deleted and the measure is made 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)