WSR 02-24-003

PREPROPOSAL STATEMENT OF INQUIRY

WASHINGTON STATE PATROL


[ Filed November 21, 2002, 10:09 a.m. ]

Subject of Possible Rule Making: Chapter 446-75 WAC, DNA identification.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.43.759.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Definition of a "convicted felon" is expanded from those adults and juveniles convicted of a sex offense or a violent offense to those adults and juveniles convicted of any felony as well as the three misdemeanor offenses of stalking, harassment and communicating with a minor for immoral purposes. Specifies who and in what time frame is responsible for the collection of the convicted felon sample. Gives the Washington State Patrol crime laboratory the discretion to deny a request for expungement. Specifically allows the use of the DNA identification data to identify human remains or missing persons.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ms. Lynn McIntyre, Washington State Patrol, Crime Laboratory Division, Public Safety Building, 2nd Floor, 610 3rd Avenue, Seattle, WA 98104-1824, lmcinty@wsp.wa.gov, phone (206) 464-7074, fax (206) 587-5023.

November 20, 2002

Ronal W. Serpas

Chief

Washington State Code Reviser's Office