BP BHEAD INT S [atlas:bill]

AN ACT Relating to the use of DNA; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) The technology of deoxyribonucleic acid (DNA) identification is of great potential benefit to the citizens of this state in many fields, including human services and health care, scientific research, criminal justice, and corrections;

(2) Technology is changing and improving at an ever-increasing rate;

(3) DNA technology is particularly important in assisting law enforcement in identifying and apprehending repeat criminal offenders as well as exonerating those people convicted and incarcerated for a crime they did not commit;

(4) There are legitimate concerns for privacy rights in the creation, collection, maintenance, disclosure, identification, and use of DNA;

(5) Protections of citizens' civil rights and individual privileges necessitate policy development of protections preventing the unauthorized use of DNA and the use of DNA for discriminatory purposes; and

(6) There is a need to address the potential future uses of DNA that may benefit citizens of this state, for purposes of the health, safety, and welfare of its citizens.

NEW SECTION. Sec. 2. A DNA commission is established to consist of twenty-two members selected as follows:

(1)(a) Two members of the senate, appointed by the president of the senate, one from each of the two largest caucuses; and

(b) Two members of the house of representatives, appointed by the co-speakers of the house of representatives, one from each of the two largest caucuses;

(2) The following members shall be appointed by the governor:

(a) Two members representing local public health;

(b) One member representing genetic counselors;

(d) One member representing epidemiological research;

(e) One member representing the Human Genome project;

(f) One member representing genetic ethics;

(g) One member representing institutional review boards;

(h) Two members representing geneticists;

(i) One member representing research institutions;

(j) One member representing civil rights advocates;

(k) Two members representing criminal justice and corrections;

(l) One member representing privacy advocates; and

(m) Three members representing citizens who have undergone genetic testing.

The commission shall be appointed within thirty days from the effective date of this act. Staffing shall be provided by the legislature. Members shall serve without remuneration.

NEW SECTION. Sec. 3. The DNA commission shall:

(1) Develop a state-wide strategy for evaluating and recommending public policies relating to the use of DNA;

(2) Conduct a survey and produce a resource guide for citizens relating to the use of DNA;

(3) Evaluate methods for protecting an individual's privacy interests in his or her DNA;

(4) Analyze the incidence of discriminatory actions state-wide based upon genetic information;

(5) Develop recommendations relative to civil rights' protections as they relate to DNA;

(6) Analyze available remedies to compensate individuals for the inappropriate use of their DNA;

(7) Identify appropriate disincentives to improper use of DNA;

(8) Identify incentives for further research and development in the area of DNA that promotes public health, safety, and welfare; and

(9) Report its findings and recommendations to the appropriate committees of the legislature by July 1, 2001.