1757 AAS 4/16/99
HB 1757 - S COMM AMD
By Committee on Human Services & Corrections
ADOPTED AS AMENDED (FLR 414) 4/16/99
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds it necessary to expand the current pool of convicted offenders who must have a blood sample drawn for purposes of DNA identification analysis. The legislature further finds that there is a high rate of recidivism among certain types of violent and sex offenders and that drawing blood is minimally intrusive. Creating an expanded DNA data bank bears a rational relationship to the public's interest in enabling law enforcement to better identify convicted violent and sex offenders who are involved in unsolved crimes, who escape to reoffend, and who reoffend after release.
Sec. 2. RCW 43.43.754 and 1994 c 271 s 402 are each amended to read as follows:
Every
adult or juvenile individual convicted of a felony or adjudicated guilty of an
equivalent juvenile offense defined as a sex offense under RCW 9.94A.030(((31)))
(33)(a) or a violent offense as defined in RCW 9.94A.030 shall have a
blood sample drawn for purposes of DNA identification analysis. For persons
convicted of such offenses or adjudicated guilty of an equivalent juvenile
offense who are serving or who are to serve a term of confinement in a
county jail or detention facility, the county shall be responsible for
obtaining blood samples ((prior to release from)) either as part of
the intake process into the county jail or detention facility for those
persons convicted on or after the effective date of this act, or within a
reasonable time after the effective date of this act for those persons
incarcerated prior to the effective date of this act who have not yet had a
blood sample drawn, beginning with those persons who will be released the
soonest. For persons convicted of such offenses or adjudicated guilty of
an equivalent juvenile offense, who are serving or who are to serve a
term of confinement in a department of corrections facility or a division of
juvenile rehabilitation facility, the facility holding the person shall be
responsible for obtaining blood samples ((prior to release from)) either
as part of the intake process into such facility for those persons
convicted on or after the effective date of this act, or within a reasonable
time after the effective date of this act for those persons incarcerated prior
to the effective date of this act who have not yet had a blood sample drawn,
beginning with those persons who will be released the soonest. 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.
This section applies to all adults who are convicted after July 1, 1990; and to all adults who were convicted on or prior to July 1, 1990, and who are still incarcerated on or after the effective date of this act. This section applies to all juveniles who are adjudicated guilty after July 1, 1994; and to all juveniles who were adjudicated guilty on or prior to July 1, 1994, and who are still incarcerated on or after the effective date of this act.
NEW SECTION. Sec. 1. A new section is added to chapter 70.02 RCW to read as follows:
Any health care provider, facility, or researcher who creates, maintains, or discloses a copy or record of a person's individually identifiable DNA information in violation of chapter 42.48 RCW, or RCW 7.70.065, 70.02.050, 71.05.630, or 74.42.040, or in violation of any federal informed consent statute or rule has committed an unfair business practice pursuant to the consumer protection act, chapter 19.86 RCW. Any person whose individually identified DNA information was copied or recorded in violation of this section shall have a cause of action under the consumer protection act.
NEW SECTION. Sec. 2. A new section is added to chapter 19.86 RCW to read as follows:
Any violation of section 3 of this act shall also constitute an unfair business practice in violation of RCW 19.86.020.
NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
HB 1757 - S COMM AMD
By Committee on Human Services & Corrections
ADOPTED AS AMENDED (FLR 414) 4/16/99
On page 1, line 1 of the title, after "identification;" strike the remainder of the title and insert "amending RCW 43.43.754; adding a new section to chapter 70.02 RCW; adding a new section to chapter 19.86 RCW; and creating a new section."
EFFECT: Removes all of Part II and replaces it with a penalty for disclosure of personal DNA identification information without informed consent.
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