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Posted February 12, 2008
DNA Crime
Legislation Enacted in 2007
Alaska HB 90 – Chapter 24
Statenet Summary: Relates to purchase of alcoholic beverages and civil liability for persons accessing licensed premises; requires driver's licenses and identification cards to be marked for certain convictions and probation conditions, and fees for the marked license or card; relates to the information contained on driver's licenses; relates to surrender and cancellation of driver's licenses and identification cards, prostitution, the DNA registration system, sex offenders parole or registration, and bail.
NCSL Comments: Provides for taking DNA samples from adults and minors 16 years of age or older arrested for a crime against a person and other related felonies. Provides for destruction of such samples if the person is released without being charged or not convicted.
Arizona HB 2787 – Chapter 261
Statenet Summary: Makes appropriations for criminal justice budget reconciliation, relates to bail and compulsory DNA testing of any person arrested for certain sexual offenses including child sexual assault or abuse or a repeat offense involving a deadly weapon or dangerous instrument, authorizes issuance of a warrant for the arrest of a person who fails to comply with this provision, relates to disability retirement for a full-time dispatcher.
NCSL Comments: Requires DNA testing of persons arrested for specified serious offenses. Revokes bail release for non-compliance and if released requires the person to report to law enforcement within 5 days to sumit the sample. Allows for petition to expunge the sample of charges dismissed or person not acquitted. Adds a 7 percent penalty assessment through December 31, 2011, and after that date 6 percent on every fine, penalty and forfeiture imposed and collected by criminal courts and any civil penalty imposed for other specified violations. Funds go to the criminal justice enhancement fund.
California AB 1079 – Chapter 405
Statenet Summary: Requires the Department of Justice to establish a task force to conduct a review of state's crime laboratory system and review and make recommendations as to how best to configure, fund, and improve the delivery of state and local crime laboratory services in the future and to report its findings to the Legislature.
Colorado HB 1343 –Chapter 373
Statenet Summary: Expands DNA testing requirements to all adults convicted of a felony who are in custody or who are on parole or probation, extents the DNA testing requirements to all juveniles who are adjudicated for an offense that would constitute a felony if committed by an adult, and, as a result, are committed to the Department of Human Services or placed on probation.
NCSL Comments: Makes retroactive current DNA requirements for probationers and certain felons serving jail sentences. Expands DNA collection requirement to juvenile adjudications for felony offenses.
Colorado HB 1272 – Chapter 408
Statenet Summary: Creates a cold case team in the State Bureau of Investigation, requires the team to develop a database that will contain the homicide files of all open homicide cases in the state, requires all law enforcement agencies in the state to provide a copy of all homicide investigation files for cases that have been open for more than 3 years to the team for inclusion into the database, creates the cold case oversight task force.
Georgia HB 314 – Chapter 230
Statenet Summary: Relates to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility; provides for DNA analysis of persons convicted of certain felonies and sexual offenses who are placed on probation.
NCSL Comments: Requires a DNA sample of persons placed on probation for many person and sex crimes.
Iowa SB 204 – Chapter 2007-38
Statenet Summary: Relates to the Department of Public Safety Practices and Procedures; relates to the general powers of a peace officer within the limits of any city; provides that a person required to register as a sex offender shall submit a DNA sample for DNA profiling; provides for a civil action for damages; provides procedures for taking a juvenile into custody; provides for a final disposition; includes pachislo skill-stop machines or other similar machine devices as gambling devices.
NCSL Comments: Provides that any person required to register as a sex offender must submit a DNA sample for DNA profiling. Changes from every one year to four years required removal of adult arrest record or record of a juvenile taken into custody, records stored without disposition data, unless there is an outstanding arrest warrant or detainer on such record.
Illinois HB 991 – Chapter 95-484
Statenet Summary: Amends the Counties Code. Provides that if the coroner or medical examiner finds that the cause of death is due to homicidal means, the coroner and medical examiners shall send blood and buccal specimens from the decedent to the State Police for inclusion in the State DNA central repository.
NCSL Comments: Requires a DNA sample of the decedent in deaths determined to be homicide.
Illinois SB 1023 – Chapter 95-688
Statenet Summary: Amends the Code of Criminal Procedures of 1963 and the Criminal Justice Act. Creates the Capital Crimes Database. Provides that a defendant may request Integrated Ballistic Identification System or forensic DNA testing on evidence not previously requested because the technology was not available. Provides for recording of custodial interrogations in homicide investigations, submission of an unknown fingerprint evidence into the FBI's automated system for identification and offenses of armed violence.
NCSL Comments: Creates the Capital Crimes Database to collect and retain all information on the prosecution, pendency, and disposition of capital and capital eligible cases. Provides that a defendant may request Integrated Ballistic Identification System testing on evidence not previously requested because the technology was not available. Requires any new fingerprint evidence that does not match the defendant or victim to be submitted to the FBI's Integrated Automated Fingerprint Identification System. Requires the creation of guidelines for all mandated recordings of custodial interrogations in homicide investigations. Prohibits the classification of "armed violence" to attach with any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range. Removes criminal sexual assault from the list of crimes for which the sentence for armed violence may run consecutively.
Illinois SB 1346 – Chapter 95-500
Statenet Summary: Amends the Criminal Identification Act. Provides that every county medical examiner and coroner shall provide to the Department of State Police a sample of saliva or tissue from a dead body for DNA fingerprint analysis. Requires the department be provided with a sample of dried blood and buccal specimens, or tissue samples if such specimens cannot be obtained. Requires provision of a tissue sample upon request of a local law enforcement agency.
NCSL Comments: Requires county medical examiners and coroners to provide to the Department a sample of dried blood and buccal specimens from a dead body for DNA fingerprint analysis if notified that the sample may aid in a criminal investigation. Provides law enforcement with such samples upon request.
Kansas SB 103 – Chapter 2007-145
Statenet Summary: Concerns juveniles and arrests; relates to fingerprints, palm prints and photographs; provides for taking of biological and blood samples; provides for expungement under certain circumstances; relates to cash bond deposits; amends provisions regarding drug felonies.
NCSL Comments: Requires arrestee sample of persons convicted of certain sex crimes against a victim less than 18 years old. Provides for expungement of those DNA records if it is subsequently determined that there is not probable cause or the case otherwise dismissed. Includes adults and juveniles. Also requires palm prints along with fingerprints of all arrestees.
Maine HB 334 – Chapter 294
Statenet Summary: Requires a person convicted of an offense that does not currently require the person to submit a DNA sample to submit such sample if the person was convicted of a crime that would require a DNA sample; provides that it is a crime to fail to submit a DNA sample after receiving a notice from the Department of Public Safety; provides a penalty.
NCSL Comments: Provides that persons convicted of class D or E crimes who would not otherwise be required to submit a DNA sample, must do so if they committed prior to Jan 1, 1996 an offense that after Jan. 1, 1999, would require submission of a DNA sample. Makes it a class E crime to fail to submit to sampling after receiving notice from the State Bureau of Identification to do so.
Maine HB 864 – Chapter 209
Statenet Summary: Establishes the state of mind that must accompany the disclosure of confidential information regarding E-9-1-1 calls or recordings in order for such disclosure to be a crime; makes the law regarding the place at which forensic examination kits are to be stored reflective of and consistent with actual storage practices; updates references to Federal agencies to reflect their placement into the Department of Homeland Security; relates to immigration and customs; regulates disclosure of information.
NCSL Comments: Provides procedures for handling and storage of sexual assault examination kits when victim has not reported the alleged crime to law enforcement. Establishes tracking numbers for those kits to go from hospital to law enforcement, where they must be stored for 90 days.
New Jersey SB 2255 (2006) – Chapter 2007-279
Statenet Summary: Enacts Patricia's Law to improve the ability of law enforcement to locate and return missing persons; relates to confirmed abduction; improves the identification of human remains and to improve timely information and notification to the family members; outlines the best practices and protocols for law enforcement to utilize.
NCSL Comments: Defines "high risk missing person" as one whose whereabouts are unknown and circumstances suggest nonvoluntary missing person may be at imminent or likely risk of injury or death. Includes any child 13 years or younger. Notes lead law enforcement agency and entitles that agency to cooperation of other law enforcement agencies. Lists information to be collected by law enforcement about the missing person, if applicable. Provides that DNA samples obtained be immediately forwarded to state forensic lab for analysis. Requires prompt use of Missing Child Alert System in those cases; and after such dissemination of information also requires a bulletin indicating that the person was found. Requires the Superintendent of State Police to develop and disseminate to all law enforcement agencies in the state best practices protocol for handling reports of missing persons, including specialized practices for missing children. Requires training and that all law enforcement agencies comply with the protocol.
Nevada AB 92 – Chapter 225
Statenet Summary: Expands the crimes for which a convicted person is required to submit to the Central Repository for Records of Criminal History a biological specimen to be used to determine the genetic markers of the specimen to include any felony, rather than certain felonies, and would include certain crimes against a child, certain sexual offenses, abuse or neglect of an older or vulnerable person, a subsequent offense for stalking, and failing to register with local law enforcement under these provisions.
NCSL Comments: Extends to all convicted felons requirement of providing a DNA sample.
North Carolina HB 1500 – Chapter 2007-539
Statenet Summary: Provides a defendant access to DNA testing of evidence when current testing procedures are more accurate than past testing procedures; amends the law governing the preservation and disposition of possible DNA evidence and post conviction DNA testing; provides a right of appeal to a defendant for denial of a motion to conduct DNA testing.
NCSL Comments: Allows defendants to appeal order denying motion for DNA testing. Amends post-conviction DNA testing provisions to allow motions upon the showing that more accurate DNA tests are now available than were at the time of previous testing. Provides for suitable and documented preservation of evidence that is reasonably likely to contain any biological evidence collected in the course of a criminal investigation or prosecution. Allows defendant to appeal denial of motion to conduct DNA testing. Applies to and sets preservation time periods for death cases, violent felonies, offenses requiring sex offender registration and DNA sampling. Establishes petition procedures by which a government entity might seek to destroy stored evidence.
North Dakota HB 1197 – Chapter 285
Statenet Summary: Relates to collection and testing of DNA samples for law enforcement identification purposes, provides for testing only if a person's DNA is not already included in the law enforcement identification data base, relates to a person arrested for a felony offense after a specified date and a person who is convicted of a felony offense, provides for dismissal and acquittal.
NCSL Comments: Requires person 18 years or over arrested for a felony to provide DNA sample (unless already in law enforcement DNA database) after July 31, 2009. Removes the DNA sample if the arrest does not result in a felony charge within one year, or if charge is dismissed, defendant acquitted or reduced to misdemeanor, or if has not resulted in felony conviction.
Oregon SB 244 – Chapter 800
Statenet Summary: Deletes the sunset certain provisions relating to performance of criminal DNA tests, allows a health care provider or health insurer to retain genetic information without authorization if retention is for treatment, payment or health care operations, and, under specified conditions, to disclose genetic information without authorization to another covered entity for health care operations activities if the other entity has a relationship with the individual who is the subject of the protected information.
NCSL Comments: Removes sunset provisions relating to performance and request requirements of criminal post-conviction DNA tests.
Tennessee SB 1196 – Chapter 225
Statenet Summary: Concerns DNA and genetic testing; requires that a DNA sample be taken and sent to Tennessee Bureau of Investigations for inclusion in DNA database for persons arrested for a violent felony and after a determination by a magistrate or a grand jury that probable cause exists for the arrest, but prior to such person's release from custody, the arresting authority shall take the sample, subject to later destruction pending disposition of the charge.
NCSL Comments: Requires a DNA sample from person arrested on or after January 1, 2008 for a violent felony, upon finding of probable cause and prior to release from custody. Sample is to be forwarded to the Tennessee Bureau of Investigation. Providing the sample may be required as a condition of the person's release on bond or recognizance. Arrestee samples must be destroyed if the charge is dismissed or the defendant acquitted at trial.
Texas HB 681 – Chapter 1006
Statenet Summary: Relates to postconviction DNA testing, provides that the state shall pay the cost of additional forensic testing, except that the applicant shall pay the cost of the testing if the applicant retains counsel for purposes of filing an application for postconviction DNA testing.
NCSL Comments: Amends post-conviction DNA law with regard to cost of testing. Provides that the stae pay the cost of additional forensic testing ordered except that the applicant must pay the cost if applicant retains counsel for purposes of filing an application under the act.
Texas HB 3295 – Chapter 760
Statenet Summary: Relates to the DNA samples taken from certain offenders, specifies that an individual confined in a penal institution operated by or under contract with the Department of Criminal Justice may not be held past the individual's statutory release date if the individual fails or refuses to provide a DNA sample, authorizes the Department of Criminal Justice to take lawful administrative action, including disciplinary action resulting in the loss of good conduct time, against such an individual.
Utah HB 356 – Chapter 125
Statenet Summary: Provides that when a convicted person requests a DNA analysis in order to provide innocence, the test must be made using a scientifically accepted procedure and the test will be paid from monies appropriated to the DNA Specimen Restricted Account for use of the Department of Corrections, if the court has ordered the the test upon petition of the defendant and the state crime laboratory does not have the resources to conduct the test and the defendant is incarcerated and indigent.
NCSL Comments: Provides that post-conviction DNA tests be conducted using a scientifically accepted procedure and be paid for from the DNA Specimen Restricted Account if the court has ordered DNA testing upon petition from the defendant, the state crime lab does not have needed resources, and the defendant is incarcerated and indigent.
Virginia HB 3034 – Chapter 528
Statenet Summary: Relates to a DNA analysis and data bank, provides for duties of local probation officers, provides for review of the Local Inmate Data System and the Juvenile Tracking System upon intake and prior to discharge, requires an offender to submit a blood, saliva or tissue sample for DNA analysis if no sample has been taken.
NCSL Comments: Adds to duties of local probation officers to determine by reviewing the Local Inmate Data System upon intake and again prior to discharge whether a blood, saliva, or tissue sample has been taken for DNA analysis for each offender required to submit a sample.
Oregon HB 2153 – Chapter 840
Statenet Summary: Extends the statute of limitations for specified sex crimes involving victims under the age of 18 and in specified cases in which the defendant is identified on the basis of DNA sample comparisons.
NCSL Comments: Extends the statute of limitations for prosecuting specified sex crimes to 25 years from the date that identification of the offender is determined on basis of DNA analysis. Prosecutions that would be barred if not for this DNA sample must be prosecuted within two years of identifying defendant based on DNA sample.
Vermont SB 6 – Chapter 60
Statenet Summary: Establishes innocence protection measures to protect against wrongful criminal convictions; provides for a petition for DNA testing.
NCSL Comments: Allows a person convicted of a qualifying crime to at any time file a petition requesting forensic DNA testing of any evidence which may contain biological evidence that was obtained during the investigation and prosecution of the crime. Establishes procedures for such post-conviction petition that has as its purpose to raise a claim of innocence. Requires courts to grant such petitions and order DNA testing upon finding that a reasonable probability exists that the petitioner would not have been convicted or would have received a lesser sentence if the results of DNA testing had been available at the time of prosecution; and if evidence exists that was not previously tested. Establishes a study committee on the issue of preservation of evidence in criminal cases. Also establishes a committee to study issues related to best practices regarding eyewitness identification and audio and audiovisual recording of custodial interrogations.
Wyoming HB 120 – Chapter 160
Statenet Summary: Relates to registration of sex offenders, amends registration requirements, reduces the number of days for an offender to register as a sex offender, eliminates the requirement for a hearing to determine the level of the sex offender's risk of reoffense, eliminates the levels of risk of reoffense for sex offenders, increases the number of years offenders are required to be registered with the division of criminal investigation, increases penalties for failure to register.
NCSL Comments: Amends sex offender registration requirements. Expands information that must be provided, including a DNA sample.
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