AN
ACT Relating to the convicted offender DNA data base; amending RCW 43.43.754,
43.43.759, and 9.94A.505; amending 1989 c 350 s 1 (uncodified); adding new
sections to chapter 43.43 RCW; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. 1989
c 350 s 1 (uncodified) is amended to read as follows:
The
legislature finds that recent developments in molecular biology and genetics
have important applications for forensic science. It has been scientifically
established that there is a unique pattern to the chemical structure of the
deoxyribonucleic acid (DNA) contained in each cell of the human body. The
process for identifying this pattern is called "DNA identification."
The
legislature further finds that ((the accuracy of identification provided by
this method is superior to that of any presently existing technique and
recognizes the importance of this scientific breakthrough in providing a
reliable and accurate tool for the investigation and prosecution of sex
offenses as defined in RCW 9.94A.030(26) and violent offenses as defined in RCW
9.94A.030(29))) DNA data bases are important tools in criminal
investigations, in the exclusion of individuals who are the subject of
investigations or prosecutions, and in detecting recidivist acts. It is the
policy of this state to assist federal, state, and local criminal justice and
law enforcement agencies in both the identification and detection of
individuals in criminal investigations and the identification and location of
missing and unidentified persons. Therefore, it is in the best interest of the
state to establish a DNA data base and DNA data bank containing DNA samples
submitted by persons convicted of felony offenses and DNA samples necessary for
the identification of missing persons and unidentified human remains.
The
legislature further finds that the DNA identification system used by the
Federal Bureau of Investigation and the Washington state patrol has no ability
to predict genetic disease or predisposal to illness. Nonetheless, the
legislature intends that biological samples collected under RCW 43.43.754, and
DNA identification data obtained from the samples, be used only for purposes
related to criminal investigation, identification of human remains or missing
persons, or improving the operation of the system authorized under RCW
43.43.752 through 43.43.758.
Sec.
2. RCW
43.43.754 and 1999 c 329 s 2 are each amended to read as follows:
(1)
Every adult or juvenile individual convicted of a felony, stalking under RCW
9A.46.110, harassment under RCW 9A.46.020, communicating with a minor for
immoral purposes under RCW 9.68A.090, or adjudicated guilty of an
equivalent juvenile offense ((defined as a sex offense under RCW
9.94A.030(33)(a) or a violent offense as defined in RCW 9.94A.030 shall have a
blood sample drawn)) must have a biological sample collected for
purposes of DNA identification analysis((.)) in the following manner:
(a)
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)) do not serve a term of confinement in a
department of corrections facility, and do serve a term of confinement in a
city or county jail facility, the city or county shall be
responsible for obtaining ((blood)) the biological samples either
as part of the intake process into the city or county jail or detention
facility for those persons convicted on or after ((July 25, 1999)) the
effective date of this act, or within a reasonable time after ((July 25,
1999)) the effective date of this act, for those persons
incarcerated ((prior to July 25, 1999)) before the effective date of
this act, who have not yet had a ((blood)) biological sample
((drawn)) collected, beginning with those persons who will be
released the soonest.
(b)
For persons convicted of such offenses or adjudicated guilty of an equivalent
juvenile offense who do not serve a term of confinement in a department of
corrections facility, and do not serve a term of confinement in a city or
county jail facility, the local police department or sheriff's office is
responsible for obtaining the biological samples after sentencing on or after
the effective date of this act.
(c)
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)) department of social and health services facility,
the facility holding the person shall be responsible for obtaining ((blood))
the biological samples either as part of the intake process into such
facility for those persons convicted on or after ((July 25, 1999)) the
effective date of this act, or within a reasonable time after ((July 25,
1999)) the effective date of this act, for those persons
incarcerated ((prior to July 25, 1999)) before the effective date of
this act, who have not yet had a ((blood)) biological sample
((drawn)) collected, beginning with those persons who will be
released the soonest.
(2)
Any ((blood)) biological sample taken pursuant to RCW 43.43.752
through 43.43.758 may be retained by the forensic laboratory services
bureau, and 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)) criminal offense or for the
identification of human remains or missing persons. Nothing in this section
prohibits the submission of results derived from the biological samples to the
Federal Bureau of Investigation combined DNA index system.
(3)
The director of the forensic laboratory services bureau of the Washington state
patrol shall perform testing on all biological samples collected under
subsection (1) of this section, to the extent allowed by funding available for
this purpose. The director shall give priority to testing on samples collected
from those adults or juveniles convicted of a felony or adjudicated guilty of
an equivalent juvenile offense that is defined as a sex offense or a violent
offense in RCW 9.94A.030.
(4)
This section applies to all adults who are convicted of a sex or violent
offense after July 1, 1990; and to all adults who were convicted of a
sex or violent offense on or prior to July 1, 1990, and who are still
incarcerated on or after July 25, 1999. This section applies to all juveniles
who are adjudicated guilty of a sex or violent offense after July 1,
1994; and to all juveniles who were adjudicated guilty of a sex or violent
offense on or prior to July 1, 1994, and who are still incarcerated on or
after July 25, 1999. This section applies to all adults and juveniles who
are convicted of a felony other than a sex or violent offense, stalking under
RCW 9A.46.110, harassment under RCW 9A.46.020, or communicating with a minor
for immoral purposes under RCW 9.68A.090, or adjudicated guilty of an
equivalent juvenile offense, on or after the effective date of this act; and to
all adults and juveniles who were convicted or adjudicated guilty of such an
offense before the effective date of this act and are still incarcerated on or
after the effective date of this act.
(5)
This section creates no rights in a third person. No cause of action may be
brought based upon the noncollection or nonanalysis or the delayed collection
or analysis of a biological sample authorized to be taken under RCW 43.43.752
through 43.43.758.
(6)
The detention, arrest, or conviction of a person based upon a data base match
or data base information is not invalidated if it is determined that the sample
was obtained or placed in the data base by mistake, or if the conviction or
juvenile adjudication that resulted in the collection of the biological sample
was subsequently vacated or otherwise altered in any future proceeding
including but not limited to posttrial or postfact-finding motions, appeals, or
collateral attacks.
Sec.
3. RCW
43.43.759 and 1990 c 230 s 1 are each amended to read as follows:
The
Washington state patrol shall consult with the forensic investigations
council and adopt rules to implement RCW 43.43.752 through 43.43.758. The
rules shall prohibit the use of DNA identification data for any research or
other purpose that is not related to a criminal investigation, to the
identification of human remains or missing persons, or to improving the
operation of the system authorized by RCW 43.43.752 through 43.43.758. The
rules must also identify appropriate sources and collection methods for
biological samples needed for purposes of DNA identification analysis.
NEW
SECTION. Sec. 4. A
new section is added to chapter 43.43 RCW to read as follows:
Every
sentence imposed under chapter 9.94A RCW, for a felony specified in RCW
43.43.754 that is committed on or after the effective date of this act, must
include a fee of one hundred dollars for collection of a biological sample as
required under RCW 43.43.754, unless the court finds that imposing the fee
would result in undue hardship on the offender. The fee is a court‑ordered
legal financial obligation as defined in RCW 9.94A.030, payable by the offender
after payment of all other legal financial obligations included in the sentence
has been completed. The clerk of the court shall transmit fees collected to
the state treasurer for deposit in the state DNA data base account created
under section 5 of this act.
NEW
SECTION. Sec. 5. A
new section is added to chapter 43.43 RCW to read as follows:
The
state DNA data base account is created in the custody of the state treasurer.
All receipts under section 4 of this act must be deposited into the account.
Expenditures from the account may be used only for creation, operation, and
maintenance of the DNA data base under RCW 43.43.754. Only the chief of the
Washington state patrol or the chief's designee may authorize expenditures from
the account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec.
6. RCW
9.94A.505 and 2001 2nd sp.s. c 12 s 312 are each amended to read as follows:
(1)
When a person is convicted of a felony, the court shall impose punishment as
provided in this chapter.
(2)(a)
The court shall impose a sentence as provided in the following sections and as
applicable in the case:
(i)
Unless another term of confinement applies, the court shall impose a sentence
within the standard sentence range established in RCW 9.94A.510;
(ii)
RCW 9.94A.700 and 9.94A.705, relating to community placement;
(iii)
RCW 9.94A.710 and 9.94A.715, relating to community custody;
(iv)
RCW 9.94A.545, relating to community custody for offenders whose term of
confinement is one year or less;
(v)
RCW 9.94A.570, relating to persistent offenders;
(vi)
RCW 9.94A.540, relating to mandatory minimum terms;
(vii)
RCW 9.94A.650, relating to the first-time offender waiver;
(viii)
RCW 9.94A.660, relating to the drug offender sentencing alternative;
(ix)
RCW 9.94A.670, relating to the special sex offender sentencing alternative;
(x)
RCW 9.94A.712, relating to certain sex offenses;
(xi)
RCW 9.94A.535, relating to exceptional sentences;
(xii)
RCW 9.94A.589, relating to consecutive and concurrent sentences.
(b)
If a standard sentence range has not been established for the offender's crime,
the court shall impose a determinate sentence which may include not more than
one year of confinement; community service work; until July 1, 2000, a term of
community supervision not to exceed one year and on and after July 1, 2000, a
term of community custody not to exceed one year, subject to conditions and
sanctions as authorized in RCW 9.94A.710 (2) and (3); and/or other legal
financial obligations. The court may impose a sentence which provides more
than one year of confinement if the court finds reasons justifying an
exceptional sentence as provided in RCW 9.94A.535.
(3)
If the court imposes a sentence requiring confinement of thirty days or less,
the court may, in its discretion, specify that the sentence be served on
consecutive or intermittent days. A sentence requiring more than thirty days
of confinement shall be served on consecutive days. Local jail administrators
may schedule court-ordered intermittent sentences as space permits.
(4)
If a sentence imposed includes payment of a legal financial obligation, it
shall be imposed as provided in RCW 9.94A.750, 9.94A.753, ((and))
9.94A.760, and section 4 of this act.
(5)
Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not
impose a sentence providing for a term of confinement or community supervision,
community placement, or community custody which exceeds the statutory maximum
for the crime as provided in chapter 9A.20 RCW.
(6)
The sentencing court shall give the offender credit for all confinement time
served before the sentencing if that confinement was solely in regard to the
offense for which the offender is being sentenced.
(7)
The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.
(8)
As a part of any sentence, the court may impose and enforce crime-related
prohibitions and affirmative conditions as provided in this chapter.
(9)
The court may order an offender whose sentence includes community placement or
community supervision to undergo a mental status evaluation and to participate
in available outpatient mental health treatment, if the court finds that reasonable
grounds exist to believe that the offender is a mentally ill person as defined
in RCW 71.24.025, and that this condition is likely to have influenced the
offense. An order requiring mental status evaluation or treatment must be
based on a presentence report and, if applicable, mental status evaluations
that have been filed with the court to determine the offender's competency or
eligibility for a defense of insanity. The court may order additional
evaluations at a later date if deemed appropriate.
(10)
In any sentence of partial confinement, the court may require the offender to
serve the partial confinement in work release, in a program of home detention,
on work crew, or in a combined program of work crew and home detention.
(11)
In sentencing an offender convicted of a crime of domestic violence, as defined
in RCW 10.99.020, if the offender has a minor child, or if the victim of the
offense for which the offender was convicted has a minor child, the court may,
as part of any term of community supervision, community placement, or community
custody, order the offender to participate in a domestic violence perpetrator
program approved under RCW 26.50.150.
NEW
SECTION. Sec. 7. 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.
NEW
SECTION. Sec. 8.
Section 1 of this act is added to chapter 43.43 RCW.
NEW
SECTION. Sec. 9. This
act takes effect July 1, 2002.
