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 |
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Approved May 14, 1999 |
FILED
May 14, 1999 - 6:39 p.m. |
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|
GARY LOCKE Governor of the State of Washington |
Secretary of State State of Washington |
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HOUSE BILL 1757
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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.
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.