SECOND SUBSTITUTE SENATE BILL NO. 5375


                                        AS AMENDED BY THE FREE CONFERENCE COMMITTEE


                                                                          C 350 L 89 PV



State of Washington                               51st Legislature                              1989 Regular Session


By Senate Committee on Ways & Means (originally sponsored by Senators Pullen, Talmadge, Owen, McMullen, Thorsness, Madsen, Sutherland, Gaspard and Benitz)



Read first time 3/6/89.



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




          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(26) and violent offenses as defined in RCW 9.94A.030(29).


          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.     (1) An oversight committee shall recommend to the legislature by November 1, 1989, specific rules and procedures for the collection, analysis, storage, expungement, and use of DNA identification data.  The rules and procedures shall be designed to protect the privacy interests of affected parties.  The chief of the Washington state patrol or the chief's designee shall chair the committee which shall consist of forensic evidence, biomedical ethics, and civil liberties experts and eight legislators.  The speaker of the house of representatives shall appoint four legislators from the judiciary committee and the president of the senate shall appoint four senators from the law and justice committee.  The proposed  rules and procedures shall be included in the November 1, 1989, report to the legislature.

          (2) 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 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)(a) or a violent offense as defined in RCW 9.94A.030(29) 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.  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.     The state patrol in consultation with the University of Washington school of medicine may:

          (1) Provide DNA analysis services to law enforcement agencies throughout the state after July 1, 1990;

          (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) Except as provided in subsection (3) 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 section 2 of this act;

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


          NEW SECTION.  Sec. 8.     Any moneys received by the state from the federal bureau of justice assistance shall be used to conserve state funds if not inconsistent with the terms of the grant.  To the extent that federal funds are available for the purposes of this act, state funds appropriated in this section shall lapse and revert to the general fund.


          NEW SECTION.  Sec. 9.     The sum of six hundred ten 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.

                                                                                                                           Passed the Senate April 22, 1989.


                                                                                                                                       President of the Senate.


                                                                                                                           Passed the House April 21, 1989.


                                                                                                                                         Speaker of the House.