Bill Text: AZ SB1308 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: DNA testing; offenses
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-21 - Senate JUD Committee action: Held, voting: (0-0-0-0) [SB1308 Detail]
Download: Arizona-2019-SB1308-Introduced.html
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REFERENCE TITLE: DNA testing; offenses |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1308 |
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Introduced by Senator Farnsworth E
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AN ACT
amending section 13‑610, Arizona Revised Statutes; relating to DNA testing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-610, Arizona Revised Statutes, is amended to read:
13-610. DNA testing
A. Within thirty days after a person is sentenced to the state department of corrections or a person who is accepted under the interstate compact for the supervision of parolees and probationers arrives in this state, the state department of corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense listed in this section and was sentenced to a term of imprisonment or was convicted of any offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section and the person is under the supervision of the state department of corrections. The state department of corrections shall transmit the sample to the department of public safety.
B. Within thirty days after a person is placed on probation and sentenced to a term of incarceration in a county jail detention facility or is detained in a county juvenile detention facility, the county detention facility shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section. The county detention facility shall transmit the sample to the department of public safety.
C. Within thirty days after a person is convicted and placed on probation without a term of incarceration or adjudicated delinquent and placed on probation, the county probation department shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section. The county probation department shall transmit the sample to the department of public safety.
D. Within thirty days after the arrival of a person who is accepted under the interstate compact for the supervision of parolees and probationers and who is under the supervision of a county probation department, the county probation department shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section and was sentenced to a term of probation. The county probation department shall transmit the sample to the department of public safety.
E. Within thirty days after a juvenile is committed to the department of juvenile corrections, the department of juvenile corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the youth if the youth was adjudicated delinquent for an offense listed in this section and was committed to a secure care facility. The department of juvenile corrections shall transmit the sample to the department of public safety.
F. Within thirty days after the arrival in this state of a juvenile who is accepted by the department of juvenile corrections pursuant to the interstate compact on juveniles and who was adjudicated for an offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section, the compact administrator shall request that the sending state impose as a condition of supervision that the juvenile submit a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing. If the sending state does not impose that condition, the department of juvenile corrections shall request a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing within thirty days after the juvenile's arrival in this state. The department of juvenile corrections shall transmit the sample to the department of public safety.
G. Notwithstanding subsections A through F, K, L and O of this section, the agency that is responsible for securing a sample pursuant to this section shall not secure the sample if the scientific criminal analysis section of the department of public safety has previously received and is maintaining a sample sufficient for deoxyribonucleic acid testing.
H. The department of public safety shall do all of the following:
1. Conduct or oversee through mutual agreement an analysis of the samples that it receives pursuant to subsections K, L and O of this section.
2. Make and maintain a report of the results of each deoxyribonucleic acid analysis.
3. Maintain samples of blood and other bodily substances for at least thirty‑five years.
I. Any sample and the result of any test that is obtained pursuant to this section or section 8-238 may be used only as follows:
1. For law enforcement identification purposes.
2. In a proceeding in a criminal prosecution or juvenile adjudication.
3. In a proceeding under title 36, chapter 37.
J. If the conviction or adjudication of a person who is subject to this section or section 8‑238 is overturned on appeal or postconviction relief and a final mandate has been issued, on petition of the person to the superior court in the county in which the conviction occurred, the court shall order that the person's deoxyribonucleic acid profile resulting from that conviction or adjudication be expunged from the Arizona deoxyribonucleic acid identification system established by section 41‑2418 unless the person has been convicted or adjudicated delinquent of another offense that would require the person to submit to deoxyribonucleic acid testing pursuant to this section.
K. If a person is arrested for any offense listed in subsection O, paragraph 3 of this section and is transferred by the arresting authority to a state, county or local law enforcement agency or jail, the arresting authority or its designee shall secure a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction from the person for the purpose of determining identification characteristics. The arresting authority or its designee shall transmit the sample to the department of public safety.
L. A person who is charged with a felony or misdemeanor offense listed in subsection O, paragraph 3 of this section and who is summoned to appear in court for an initial appearance shall report within five days of release on bail or on the person's own recognizance to the law enforcement agency that investigated the person or its designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. The arresting authority or its designee shall transmit the sample to the department of public safety.
M. A person who is subject to subsection K or L of this section or section 8‑238 may petition the superior court in the county in which the arrest occurred or the criminal charge was filed to order that the person's deoxyribonucleic acid profile and sample be expunged from the Arizona deoxyribonucleic acid identification system, unless the person has been arrested, charged with or convicted of or adjudicated delinquent of for another offense that would require the person to submit to deoxyribonucleic acid testing pursuant to this section, if any of the following applies:
1. The criminal charges are not filed within the applicable period prescribed by section 13‑107.
2. The criminal charges are dismissed.
3. The person is acquitted at trial.
N. If any sample that is submitted to the department of public safety under this section or section 8-238 is found to be unacceptable for analysis and use or cannot be used by the department, the department shall require that another sample of blood or other bodily substances be secured pursuant to this section.
O. This section applies to persons who are:
1. Convicted of any felony offense.
2. Adjudicated delinquent for any of the following offenses:
(a) A violation or an attempt to violate any offense in chapter 11 of this title, any felony offense in chapter 14 or 35.1 of this title or section 13‑1507, 13‑1508 or 13‑3608.
(b) Any offense for which a person is required to register pursuant to section 13‑3821.
(c) A violation of any felony offense in chapter 34 of this title that may be prosecuted pursuant to section 13‑501, subsection B, paragraph 2.
(d) A violation of any felony offense that is listed in section 13‑501.
3. Arrested for a violation of any felony offense in chapter 11 of this title, or a violation of section 13‑1402, 13‑1403, 13‑1404, 13‑1405, 13‑1406, 13‑1410, 13‑1411, 13‑1417, 13‑1507, 13‑1508, 13‑3208, 13‑3214, or 13‑3555 or 13‑3608 or a violation of any serious offense as defined in section 13-706 that is a dangerous offense.
