S-4447               _______________________________________________

                                                   SENATE BILL NO. 6729

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

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

Read first time 1/24/90 and referred to Committee on  Law & Justice.

AN ACT Relating to DNA identification; amending RCW 43.43.758 and 43.43.754; adding new sections 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.

        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.

        Sec. 3.  Section 4, chapter 350, Laws of 1989 and RCW 43.43.754 are each amended to read as follows:

          After July 1, 1990, every individual convicted in a Washington superior court of a felony defined as a sex offense under RCW 9.94A.030(((26)))(29)(a) or a violent offense as defined in RCW 9.94A.030(((29)))(32) shall have a blood sample drawn for purposes of DNA identification analysis ((before release from or transfer to a state correctional institution or county jail or detention facility)). For persons convicted of such offenses after July 1, 1990, the county shall be responsible for obtaining blood samples prior to release from the county jail or detention facility.  For persons convicted of such offenses after July 1, 1990, who are serving a term of confinement in a department of corrections facility, the department shall be responsible for obtaining blood samples prior to release from such facility.  Any blood sample taken pursuant to RCW 43.43.752 through 43.43.758 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. 4.  A new section is added to chapter 43.43 RCW to read as follows:

          (1) Jail administrators are authorized to conduct or cause to be conducted blood sampling for purposes of this chapter for persons detained in the county jail.

          (2) Department of corrections facility administrators are authorized to conduct or cause to be conducted blood sampling for purposes of this chapter with the approval of the secretary of corrections or the secretary's designee.

NEW SECTION. Sec. 5.     Sections 1 and 2 of this act are 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.