HB 2331 — Addressing collection of DNA biological samples.

H-3924.2SUBSTITUTEH-3154.1HOUSE HOUSE BILL 2331State of Washington65th Legislature2018 Regular SessionBy House Public Safety (originally sponsored by Representatives Orwall, Griffey, Goodman, Jinkins, Muri, Kilduff, Klippert, Fey, Kagi, Lovick, Appleton, and Doglio)READDoglioPrefiled FIRST12/28/17. TIME 02/02/18.AN ACT Relating to DNA biological samples;

Read first time 01/08/18.

Referred to Committee on Public Safety.AN ACT Relating to DNA biological samples;

and(b) Every adult or juvenile individual who is required to register under RCW 9A.44.130.(2) AIf municipalthe jurisdictionWashington maystate submitpatrol anycrime biologicallaboratory already has a DNA sample collectedfrom prioran individual for a qualifying offense, a subsequent submission is not required to be submitted.(3) Biological samples shall be collected in the effectivefollowing datemanner:(a) For persons convicted of any offense listed in subsection (1)(a) of this section toor thean forensicequivalent laboratorymunicipal servicesoffense, bureauor adjudicated guilty of thean Washingtonequivalent statejuvenile patroloffense, forwho purposesdo not serve a term of DNAconfinement identificationin analysisa when:(a)department Theof samplecorrections wasfacility, collectedand upondo convictionserve fora term of confinement in a municipalcity offenseor thatcounty isjail equivalentfacility, tothe ancity offenseor listedcounty inshall subsectionbe (1)(a)responsible offor thisobtaining section;(b)the biological samples.(b) The equivalentlocal 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 wasor an offenseequivalent formunicipal whichoffense, collectionor adjudicated guilty of an equivalent juvenile offense, who do not serve a biologicalterm sampleof wasconfinement requiredin undera thisdepartment sectionof atcorrections thefacility, timeand do not serve a term of theconfinement conviction;in a city or county jail facility;

and(c) The sample was collected on or after June 12, 2008, as a requirement of the relevant municipal ordinance.(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 an equivalent municipal offense, 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.(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 an equivalent municipal offense, 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;

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)))soonest.(4) (5) Any biological sample taken pursuant to RCW 43.43.752 through 43.43.758,43.43.758 or submitted under subsection (2) of this section, 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.(((5)))system.(5) (6) The forensic laboratory services bureau of the Washington state patrol is responsible for testing performed on all biological samples that are collected under subsection (1) of this section, or submitted under subsection (2) of this section, to the extent allowed by funding available for this purpose.

Known duplicate samples may be excluded from testing unless testing is deemed necessary or advisable by the director.(((6)))director.(6) (7) When submitting a biological sample to the forensic laboratory services bureau of the Washington state patrol that was collected as a result of a conviction under an equivalent municipal offense under subsection (1)(a) of this section, or submitted under subsection (2) of this section, the submitting agency or department shall include a signed affidavit from the municipal prosecuting authority of the jurisdiction in which the conviction occurred specifying the state crime to which the municipal offense is equivalent.(8) This section applies to:(a) All adults and juveniles to whom this section applied prior to June 12, 2008;(b) All adults and juveniles to whom this section did not apply prior to June 12, 2008, who:(i) Are convicted on or after June 12, 2008, of an offense ((listedlisted in))in qualifying under subsection (1)(a) of this section onor theof datean ofequivalent conviction;municipal offense;

((and))(c)and(c) All adults and juveniles who are required to register under RCW 9A.44.130 on or after June 12, 2008, whether convicted before, on, or after June 12, 2008;2008.(7) This section creates no rights in a third person.

and(d)No Allcause adultsof foraction whommay be brought based upon the noncollection or nonanalysis or the delayed collection or analysis of a biological sample wasauthorized submittedto be taken under subsectionRCW (2)43.43.752 through 43.43.758.(8) The detention, arrest, or conviction of thisa section.(((7)))person (9)based Thisupon sectiona createsdatabase nomatch rightsor database information is not invalidated if it is determined that the sample was obtained or placed in athe thirddatabase person.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.

No cause of action may be brought basedagainst upon the noncollectionstate orbased nonanalysisupon or the delayed collection or analysis of a biological sample authorized to be taken underpursuant RCWto 43.43.752 through 43.43.758.(((8))) (10) The detention, arrest, or conviction of a personmunicipal basedordinance upon a database match or database information is not invalidated if it is later 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 includingincluding, but not limited toto, posttrial or postfact-finding motions, appeals, or collateral attacks.attacks.(9) A person commits the crime of refusal to provide DNA if the person has a duty to register under RCW 9A.44.130 and the person willfully refuses to comply with a legal request for a DNA sample as required under this section.

No cause of action may be brought against the state based upon the analysis of a biological sample authorized to be taken pursuant to a municipal ordinance if the conviction or 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.(((9))) (11) A person commits the crime of refusal to provide DNA if the person has a duty to register under RCW 9A.44.130 and the person willfully refuses to comply with a legal request for a DNA sample as required under this section.