AN ACT Relating to DNA identification; adding new sections to chapter 43.43 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that recent developments in molecular biology and genetics have important applications for forensic science. It has been scientifically established that there is a unique pattern to the chemical structure of the deoxyribonucleic acid (DNA) contained in each cell of the human body. The process for identifying this pattern is called "DNA identification."

The legislature further finds that the accuracy of identification provided by this method is superior to that of any presently existing technique and recognizes the importance of this scientific breakthrough in providing a reliable and accurate tool for the investigation and prosecution of sex offenses as defined in RCW 9.94A.030(23) and violent offenses as defined in RCW 9.94A.030(26). It is the purpose of sections 2 through 6 of this act to develop a reasonable and efficient means for the collection, analysis, storage, expungement, and use of DNA identification data in order to provide greater protection of the public, better use of limited law enforcement resources, and enhance the administration of justice in the state of Washington.

NEW SECTION. Sec. 2. (1) To support criminal justice services in the local communities throughout this state, the state patrol in consultation with the University of Washington school of medicine shall develop a plan for and establish a DNA identification system. In implementing the plan, the state patrol shall purchase the appropriate equipment and supplies. The state patrol shall procure the most efficient equipment available.

(2) The DNA identification system as established shall be compatible with that utilized by the federal bureau of investigation.

(3) The state patrol and the University of Washington school of medicine shall report on the DNA identification system to the legislature no later than November 1, 1989. The report shall include a time line for implementing each stage, a local agency financial participation analysis, a system analysis, a full cost/purchase analysis, a vendor bid evaluation, and a space location analysis that includes a site determination. The state patrol shall coordinate the preparation of this report with the office of financial management.

NEW SECTION. Sec. 3. In order to provide adequate safeguards to protect the privacy interests of those affected, the Washington state patrol after consultation with forensic evidence, biomedical ethics, and civil liberties experts shall establish specific rules and procedures for the collection, analysis, storage, expungement, and use of DNA identification data. The Washington state patrol in cooperation with the University of Washington school of medicine shall also develop a program for the proper administration and collection of blood samples. This program shall include requirements that the blood samples be taken under sanitary conditions in a medically approved manner by a physician, registered nurse, or licensed phlebotomist.

NEW SECTION. Sec. 4. After December 1, 1989, and the adoption of appropriate safeguards, every individual convicted in a Washington superior court of a felony defined as a sex offense under RCW 9.94A.030(23)(a) or a violent offense as defined in RCW 9.94A.030(26) shall have a blood sample drawn for purposes of DNA identification analysis before release from or transfer to a state correctional institution. Any blood sample taken pursuant to sections 2 through 6 of this act shall be used solely for the purpose of providing DNA or other blood grouping tests for identification analysis and prosecution of a sex offense or a violent offense.

NEW SECTION. Sec. 5. Beginning June 1, 1990, the state patrol in consultation with the University of Washington school of medicine shall:

(1) Provide DNA analysis services to law enforcement agencies throughout the state;

(2) Provide assistance to law enforcement officials 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.

NEW SECTION. Sec. 6. (1) No local law enforcement agency may establish or operate a DNA identification system unless:

(a) The equipment of the local system is compatible with that of the state system under section 2 of this act; and

(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.

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

NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 43.43 RCW.

NEW SECTION. Sec. 8. The sum of nine hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the state patrol for the purposes of this act. Any moneys received by the state from the bureau of justice assistance shall be used to conserve state funds if not inconsistent with the terms of the grant.