SENATE BILL REPORT

SB 6729

BYSenators Nelson, Talmadge, McCaslin, Rasmussen, Newhouse, Niemi, Thorsness, Hayner, Madsen and Patrick

Providing for DNA identification.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 29, 1990; January 29, 1990

Majority Report:     That Substitute Senate Bill No. 6729 be substituted therefor, and the substitute bill do pass.

     Signed by Senators McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Patrick, Talmadge, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                February 2, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 29, 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 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.

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 prior to release from the county jail.  The Department of Corrections is responsible for obtaining samples from those persons serving a term of confinement in a Department of Corrections facility.

EFFECT OF PROPOSED SUBSTITUTE:

A provision is added to clarify that 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.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 26, 1990

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

Senate Committee - Testified:   Rick Jensen, Washington State Patrol (pro); Ruben Cedeno, Department of Corrections (pro); Jerry Sheehan, American Civil Liberties Union