CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1757

 

 

                   Chapter 329, Laws of 1999

 

 

                        56th Legislature

                      1999 Regular Session

 

 

DNA DATA BASE--VIOLENT AND SEX OFFENDERS

 

 

 

                    EFFECTIVE DATE:  7/25/99

Passed by the House April 25, 1999

  Yeas 96   Nays 0

 

 

        JOHN E. PENNINGTON, JR.

Speaker of the House of Representatives

     

 

 

              FRANK CHOPP

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 24, 1999

  Yeas 42   Nays 2

             CERTIFICATE

 

We, Dean R. Foster and Timothy A. Martin, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1757  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           DEAN R. FOSTER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved May 14, 1999 Place Style On Codes above, and Style Off Codes below.          

                                FILED                

 

             May 14, 1999 - 6:39 p.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                          HOUSE BILL 1757

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1999 Regular Session

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representatives Miloscia, O'Brien, Koster, Lovick, Haigh, Hurst and Radcliff

 

Read first time 02/04/1999.  Referred to Committee on Criminal Justice & Corrections.

Expanding the number of inmates subject to mandatory DNA testing.  


    AN ACT Relating to DNA identification; amending RCW 43.43.754; and creating a new section.

 

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

 

    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. 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.


    Passed the House April 25, 1999.

    Passed the Senate April 24, 1999.

Approved by the Governor May 14, 1999.

    Filed in Office of Secretary of State May 14, 1999.