WSR 20-18-019

EXPEDITED RULES

WASHINGTON STATE PATROL

[Filed August 25, 2020, 8:17 a.m.]

Title of Rule and Other Identifying Information: WAC 446-75-060 Collection of biological sample for the DNA identification system—Procedures—Time frame.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To provide another method of requesting copies of current procedures for collection of biological samples.

Reasons Supporting Proposal: The proposed rule changes will allow for social distancing, require no travel time and would reduce printing cost.

Statutory Authority for Adoption: RCW 43.43.759.

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting: Kimberly Mathis, 106 11th Avenue S.W., Olympia, WA 98504, 360-596-4017; and Implementation: Jennifer Burkdoll, 2203 Airport Way South, Seattle, WA 98134, 206-262-6002.

This notice meets the following criteria to use the expedited adoption process for these rules:

Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kimberly Mathis, Washington State Patrol, 106 11th Avenue S.W., Olympia, WA 98504, phone 360-596-4017, email wsprules@wsp.wa.gov, AND RECEIVED BY November 2, 2020.

August 19, 2020

John R. Batiste

Chief

AMENDATORY SECTION(Amending WSR 14-17-108, filed 8/19/14, effective 9/19/14)

WAC 446-75-060Collection of biological sample for the DNA identification system—Procedures—Time frame.

(1) The collection, preservation, and shipment of biological samples obtained from convicted offenders pursuant to RCW 43.43.754 for the patrol's DNA identification system must be in conformance with protocols established by the patrol. Copies of the current protocol may be obtained from the Washington State Patrol ((Crime Laboratory Division,))CODIS Laboratory by emailing the request to confel@wsp.wa.gov or at 2203 Airport Way S., Suite 250, Seattle, WA 98134.

(2) The DNA profile resulting from the convicted offender's biological sample will be entered into the patrol's DNA identification system. The patrol will retain the convicted offender's DNA record in its DNA identification system until expungement pursuant to WAC 446-75-070 or the patrol determines that the DNA record no longer qualifies to be retained in the DNA identification system.