H-4507              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 2349

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By House 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)

Read first time 2/2/90.

AN ACT Relating to adoption of rules regarding DNA identification; amending RCW 43.43.758; adding a new section to chapter 43.43 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 43.43 RCW to read as follows:

          The Washington state patrol shall adopt rules to implement RCW 43.43.752 through 43.43.758.  The rules shall prohibit the use of DNA identification data for any research or other purpose that is not related to a criminal investigation or to improving the operation of the system authorized by RCW 43.43.752 through 43.43.758.

        Sec. 2.  Section 6, chapter 350, Laws of 1989 and RCW 43.43.758 are each amended to read as follows:

          (1) Except as provided in subsection (((3))) (2) of this section, no local law enforcement agency may establish or operate a DNA identification system before July 1, 1990, and unless:

          (a) The equipment of the local system is compatible with that of the state system under RCW 43.43.752;

          (b) The local system is equipped to receive and answer inquiries from the Washington state patrol DNA identification system and transmit data to the Washington state patrol DNA identification system; and

          (c) The procedure and rules for the collection, analysis, storage, expungement, and use of DNA identification data do not conflict with procedures and rules applicable to the state patrol DNA identification system.

          (2) ((The Washington state patrol shall adopt rules to implement this section.

          (3))) Nothing in ((subsections (1) and (2) of)) this section shall prohibit a local law enforcement agency from performing DNA identification analysis in individual cases to assist law enforcement officials and prosecutors in the preparation and use of DNA evidence for presentation in court.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.