BILL REQ. #:  S-5017.2 

READ FIRST TIME 02/07/08.   

     AN ACT Relating to DNA identification of convicted sex offenders and other persons; and amending RCW 43.43.753, 43.43.754, 43.43.7541, and 43.43.756.

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

Sec. 1   RCW 43.43.753 and 2002 c 289 s 1 are each 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 DNA databases 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 database and DNA data bank containing DNA samples submitted by persons convicted of felony offenses and other crimes as specified in RCW 43.43.754. DNA samples necessary for the identification of missing persons and unidentified human remains shall also be included in the DNA database.
     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 2002 c 289 s 2 are each amended to read as follows:
     (1) A biological sample must be collected for purposes of DNA identification analysis from:
     (a) 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 must have a biological sample collected for purposes of DNA identification analysis in the following manner)), or any of the following crimes (or equivalent juvenile offenses):
     Assault in the fourth degree with sexual motivation (RCW 9A.36.041, 9.94A.835)
     Communication with a minor for immoral purposes (RCW 9.68A.090)
     Custodial sexual misconduct in the second degree (RCW 9A.44.170)
     Failure to register (RCW 9A.44.130)
     Harassment (RCW 9A.46.020)
     Indecent exposure that is a gross misdemeanor (RCW 9A.88.010)
     Patronizing a prostitute (RCW 9A.88.110)
     Prostitution (RCW 9A.88.030)
     Sexual misconduct with a minor in the second degree (RCW 9A.44.096)
     Stalking (RCW 9A.46.110)
     Violation of a court order as provided in RCW 26.50.110; and
     (b) Every adult or juvenile individual who is required to register under RCW 9A.44.130.
     (2) If the Washington state patrol crime laboratory already has a DNA sample from an individual for a qualifying offense, a subsequent submission is not required to be submitted.
     (3) Biological samples shall be collected in the following manner:
     (a) For persons convicted of ((such offenses)) any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense who 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 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 1, 2002, or within a reasonable time after July 1, 2002, for those persons incarcerated before July 1, 2002, who have not yet had a biological sample collected, beginning with those persons who will be released the soonest)).
     (b) The local police department or sheriff's office shall be responsible for obtaining the biological samples for:
     (i) Persons convicted of ((such offenses)) any offense listed in subsection (1)(a) of this section 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 July 1, 2002)); and
     (ii) Persons who are required to register under RCW 9A.44.030.
     (c) For persons convicted of ((such offenses)) any offense listed in subsection (1)(a) of this section 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 department of social and health services facility, the facility holding the person shall be responsible for obtaining the biological samples ((either as part of the intake process into such facility for those persons convicted on or after July 1, 2002, or within a reasonable time after July 1, 2002,)). For those persons incarcerated before ((July 1, 2002)) the effective date of this section, who have not yet had a biological sample collected, ((beginning with)) priority shall be given to those persons who will be released the soonest.
     (((2))) (4) Any 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 tests for identification analysis and prosecution of a 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))) (5) The ((director of the)) forensic laboratory services bureau of the Washington state patrol ((shall perform)) is responsible for testing performed on all biological samples that are 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. Known duplicate samples may be excluded from testing unless testing is deemed necessary or advisable by the director.
     (((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 July 1, 2002; and to all adults and juveniles who were convicted or adjudicated guilty of such an offense before July 1, 2002, and are still incarcerated on or after July 1, 2002.)) (6) This section applies to all adults and juveniles who:
     (a) Are convicted or adjudicated guilty of an offense listed in subsection (1)(a) of this section on or after the effective date of this section and to all adults and juveniles who were convicted or adjudicated guilty of such an offense before the effective date of this section, and who are still incarcerated on or after the effective date of this section; or
     (b) Are currently required to register under RCW 9A.44.130, whether convicted before, on, or after the effective date of this section.
     (((5))) (7) 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))) (8) The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the sample was obtained or placed in the database 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 43.43.7541 and 2002 c 289 s 4 are each amended to read as follows:
     Every sentence imposed under chapter 9.94A RCW((,)) for a ((felony)) crime specified in RCW 43.43.754 ((that is committed on or after July 1, 2002,)) 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 eighty percent of the fee((s)) collected to the state treasurer for deposit in the state DNA database account created under RCW 43.43.7532, and shall transmit twenty percent of the fee collected to the agency responsible for collection of a biological sample from the offender as required under RCW 43.43.754.

Sec. 4   RCW 43.43.756 and 1989 c 350 s 5 are each amended to read as follows:
     The Washington state patrol ((in consultation with the University of Washington school of medicine)) forensic laboratory services bureau may:
     (1) Provide DNA analysis services to law enforcement agencies throughout the state ((after July 1, 1990));
     (2) Provide assistance to law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court; and
     (3) Provide expert testimony in court on DNA evidentiary issues.