Washington 2019-2020 Regular Session Status: Enacted 1 D cosponsors

HB 1326 — Collecting DNA samples.

Last action — Effective date 7/28/2019.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 18, 2019. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The recent amendments to Bill HB 1326 update the procedures for collecting DNA samples from individuals convicted of certain crimes. Notably, the bill now includes a clearer framework for who is required to provide a DNA sample and how these samples are to be collected, particularly for those not serving time in larger correctional facilities. This is important because it aims to enhance law enforcement's ability to solve cold cases and improve overall public safety by ensuring more individuals' DNA is included in the database, which can help both in securing convictions and exonerating the innocent. Additionally, it simplifies the responsibilities of local law enforcement in the collection process.

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H-1742.1SUBSTITUTE HOUSE BILL 1326State of Washington66th Legislature2019 Regular SessionByHouse Public Safety (originally sponsored by Representatives Klippert and Goodman)READ FIRST TIME 02/18/19.AN ACT Relating to the collection of DNA biological samples for entry into the combined DNA index system;
H-0616.1HOUSE BILL 1326State of Washington66th Legislature2019 Regular SessionByRepresentatives Klippert and GoodmanRead first time 01/18/19.Referred to Committee on Public Safety.AN ACT Relating to the collection of DNA biological samples for entry into the combined DNA index system;
and creating new sections.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.
and creating new sections.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.
This act may be known and cited as Jennifer and Michella's law.NEW SECTION.  Sec.
This act may be known and cited as Jennifer and Michella's law.NEW SECTION.  Sec.
and(b) Every adult or juvenile individual who is required to register under RCW 9A.44.130.(2) Law enforcement may submit to the forensic laboratory services bureau of the Washington state patrol, for purposes of DNA identification analysis, any lawfully obtained biological sample within its control from a deceased offender who was previously convicted of an offense under subsection (1)(a) of this section, regardless of the date of conviction.(3) 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)))(4) Biological samples shall be collected in the following manner:(a) For persons convicted of 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 or a department of children, youth, and families facility, and ((do serve))are serving a term of confinement in a city or county jail facility, the city or county shall be responsible for obtaining the biological samples.(b) The local police department or sheriff's office shall be responsible for obtaining the biological samples for((:(i) Persons convicted of 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;
and(b) Every adult or juvenile individual who is required to register under RCW 9A.44.130.(2) Law enforcement may submit to the forensic laboratory services bureau of the Washington state patrol, for purposes of DNA identification analysis, any lawfully obtained biological sample within its control from a deceased offender who was previously convicted of an offense under subsection (1)(a) of this section, regardless of the date of conviction.(3) 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)))(4) Biological samples shall be collected in the following manner:(a) For persons convicted of 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 or a department of social and health services facility, and ((do serve))are serving a term of confinement in a city or county jail facility, the city or county shall be responsible for obtaining the biological samples.(b) The local police department or sheriff's office shall be responsible for obtaining the biological samples for((:(i) Persons convicted of 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;
and))persons who are required to register under RCW 9A.44.130.(c) For persons convicted of 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))children, youth, and families facility, the facility holding the person shall be responsible for obtaining the biological samples as part of the intake process.
and(ii)))persons who are required to register under RCW 9A.44.130.(c) For persons convicted of 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 as part of the intake process.
If the facility did not collect the biological sample during the intake process, then the facility shall collect the biological sample as soon as is practicable.
If the facility did not collect the biological sample during the intake process, then the facility shall collect the biological sample before the person is released from custody.
For those persons incarcerated before June 12, 2008, who have not yet had a biological sample collected, priority shall be given to those persons who will be released the soonest.(((4)))(d) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who are not immediately taken into the custody of a department of corrections facility, department of children, youth, and families facility, or a city or county jail facility, or who will not otherwise serve a term of confinement, the court shall order the person to immediately provide a biological sample.
For those persons incarcerated before June 12, 2008, who have not yet had a biological sample collected, priority shall be given to those persons who will be released the soonest.(((4)))(d) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who are not immediately taken into the custody of a department of corrections facility, department of social and health services facility, a city or county jail facility, or who will not otherwise serve a term of confinement, the court shall order the person to provide a biological sample immediately.
The refusal to provide DNA is a gross misdemeanor.)) Unless relieved of the duty to register pursuant to RCW 9A.44.141 and 9A.44.142, a violation of this section is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.--- END ---
The refusal to provide DNA is a gross misdemeanor.(5))) Unless relieved of the duty to register pursuant to RCW 9A.44.141 and 9A.44.142, a violation of this section is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.--- END ---
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Action History

  1. Effective date 7/28/2019.

  2. Chapter 443, 2019 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. President signed.

  6. Speaker signed.

  7. Passed final passage; yeas, 97; nays, 1; absent, 0; excused, 0.

  8. House concurred in Senate amendments.

  9. Third reading, passed; yeas, 48; nays, 1; absent, 0; excused, 0.

  10. Rules suspended. Placed on Third Reading.

  11. Floor amendment(s) adopted.

  12. Returned to second reading for amendment.

  13. Senate receded from amendments.

  14. House refuses to concur in Senate amendments. Asks Senate to recede from amendments.

  15. Third reading, passed; yeas, 45; nays, 1; absent, 0; excused, 3.

  16. Rules suspended. Placed on Third Reading.

  17. Committee amendment(s) adopted with no other amendments.

  18. Placed on second reading by Rules Committee.

  19. Scheduled for public hearing in the Senate Committee on Ways & Means at 10:00 AM

  20. Scheduled for public hearing in the Senate Committee on Ways & Means at 10:00 AM

  21. Passed to Rules Committee for second reading.

  22. Minority; without recommendation.

  23. WM - Majority; do pass with amendment(s).

  24. Referred to Ways & Means.

  25. Scheduled for public hearing in the Senate Committee on Law & Justice at 10:00 AM

  26. And refer to Ways & Means.

  27. LAW - Majority; do pass with amendment(s).

  28. Scheduled for public hearing in the Senate Committee on Law & Justice at 10:00 AM

  29. First reading, referred to Law & Justice.

  30. Third reading, passed; yeas, 97; nays, 0; absent, 0; excused, 1.

  31. Rules suspended. Placed on Third Reading.

  32. 1st substitute bill substituted.

  33. 1st substitute bill substituted.

  34. Placed on second reading by Rules Committee.

  35. Placed on second reading by Rules Committee.

  36. Referred to Rules 2 Review.

  37. Committee relieved of further consideration.

  38. Referred to Rules 2 Review.

  39. Committee relieved of further consideration.

  40. Referred to Appropriations.

  41. Referred to Appropriations.

  42. Scheduled for public hearing in the House Committee on Public Safety at 08:00 AM

  43. PS - Majority; 1st substitute bill be substituted, do pass.

  44. PS - Majority; 1st substitute bill be substituted, do pass.

  45. Scheduled for public hearing in the House Committee on Public Safety at 01:30 PM

  46. First reading, referred to Public Safety.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 149 not signed on · 1 voted No

Sponsors (1)

  • Klippert

Co-sponsors (1)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage as Amended by the Senate (#19)

Passed 48 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democrat 12100
Unaffiliated 27000
Republican 9000
Total 48100
% of votes cast 98%2%0%0%
How each member voted (49)
Member Party Vote
McCoy — Yea
Mullet — Yea
O'Ban — Yea
Padden — Yea
Palumbo — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sheldon — Yea
Takko — Yea
Wilson, L. — Yea
Zeiger — Yea
Bailey — Yea
Becker — Yea
Billig — Yea
Brown — Yea
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Yea
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
Van De Wege — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
Victoria Hunt Democrat Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jim Walsh Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Phil Fortunato Republican Yea
Shelly Short Republican Yea

Final Passage as Amended by the Senate (#10)

Passed 97 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 32100
Republican 22000
Democrat 43000
Total 97100
% of votes cast 99%1%0%0%
How each member voted (98)
Member Party Vote
Appleton — Nay
Blake — Yea
Chambers — Yea
Chandler — Yea
Chopp — Yea
Cody — Yea
DeBolt — Yea
Dolan — Yea
Hoff — Yea
Hudgins — Yea
Irwin — Yea
Jenkin — Yea
Kirby — Yea
Klippert — Yea
Kraft — Yea
Kretz — Yea
Maycumber — Yea
McCaslin — Yea
Mead — Yea
Morris — Yea
Mosbrucker — Yea
Pellicciotti — Yea
Pettigrew — Yea
Sells — Yea
Shea — Yea
Smith — Yea
Sullivan — Yea
Sutherland — Yea
Tarleton — Yea
Vick — Yea
Wilcox — Yea
Young — Yea
Van Werven — Yea
Amy Walen Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Chris Kilduff Democrat Yea
Cindy Ryu Democrat Yea
Dave Paul Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Javier Valdez Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Chris Gildon Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jeremie Dufault Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Keith Goehner Republican Yea
Mary Dye Republican Yea
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Yea

3rd Reading & Final Passage as Amended by the Senate (#50)

Passed 45 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 25002
Republican 9000
Democrat 11101
Total 45103
% of votes cast 92%2%0%6%
How each member voted (49)
Member Party Vote
Bailey — Yea
Becker — Yea
Billig — Yea
Brown — Yea
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Yea
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
McCoy — Not Voting
Mullet — Yea
O'Ban — Yea
Padden — Yea
Palumbo — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sheldon — Not Voting
Takko — Yea
Wilson, L. — Yea
Zeiger — Yea
Van De Wege — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Not Voting
Victoria Hunt Democrat Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jim Walsh Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Phil Fortunato Republican Yea
Shelly Short Republican Yea

Final Passage (#20)

Passed 97 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 32001
Republican 22000
Democrat 43000
Total 97001
% of votes cast 99%0%0%1%
How each member voted (98)
Member Party Vote
Appleton — Not Voting
Blake — Yea
Chambers — Yea
Chandler — Yea
Chopp — Yea
Cody — Yea
DeBolt — Yea
Dolan — Yea
Hoff — Yea
Hudgins — Yea
Irwin — Yea
Jenkin — Yea
Kirby — Yea
Klippert — Yea
Kraft — Yea
Kretz — Yea
Maycumber — Yea
McCaslin — Yea
Mead — Yea
Morris — Yea
Mosbrucker — Yea
Pellicciotti — Yea
Pettigrew — Yea
Sells — Yea
Shea — Yea
Smith — Yea
Sullivan — Yea
Sutherland — Yea
Tarleton — Yea
Vick — Yea
Wilcox — Yea
Young — Yea
Van Werven — Yea
Amy Walen Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Chris Kilduff Democrat Yea
Cindy Ryu Democrat Yea
Dave Paul Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Javier Valdez Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Chris Gildon Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jeremie Dufault Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Keith Goehner Republican Yea
Mary Dye Republican Yea
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Yea

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 1326?
HB 1326 is sponsored by Klippert and Roger Goodman (Democrat).
What is the current status of HB 1326?
This bill has been enacted into law. Introduced January 18, 2019. Enacted.
Where can I track HB 1326?
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