WSR 20-22-106
PERMANENT RULES
WASHINGTON STATE PATROL
[Filed November 4, 2020, 6:19 a.m., effective December 5, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To provide another method of requesting copies of current procedures for collection of biological samples.
Citation of Rules Affected by this Order: Amending WAC 446-75-060.
Statutory Authority for Adoption: RCW 43.43.759.
Adopted under notice filed as WSR 20-18-019 on August 25, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 4, 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.