Bill Text: MO HB1422 | 2012 | Regular Session | Introduced
Bill Title: Revises the laws regarding DNA profiling analysis
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-08 - Voted Do Pass (H) [HB1422 Detail]
Download: Missouri-2012-HB1422-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MARSHALL (Sponsor), LASATER, BAHR, HIGDON AND PHILLIPS (Co-sponsors).
5005L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 488.5050, 650.055, and 650.100, RSMo, and to enact in lieu thereof three new sections relating to DNA profiling, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 488.5050, 650.055, and 650.100, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 488.5050, 650.055, and 650.100, to read as follows:
488.5050. 1. In addition to any other surcharges authorized by statute, the clerk of each court of this state shall collect the surcharges provided for in subsection 2 of this section.
2. A surcharge of thirty dollars shall be assessed as costs in each circuit court proceeding filed within this state in all criminal cases in which the defendant pleads guilty [or nolo contendere to] , is found guilty or is convicted of a felony, except when the defendant pleads guilty or is found guilty of a class B felony, class A felony, or an unclassified felony, under chapter 195, in which case, the surcharge shall be sixty dollars. A surcharge of fifteen dollars shall be assessed as costs in each court proceeding filed within this state in all other criminal cases, except for traffic violations cases in which the defendant pleads guilty [or nolo contendere to] , is found guilty or is convicted of a misdemeanor.
3. Notwithstanding any other provisions of law, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with sections 488.010 to 488.020, and shall be payable to the state treasurer.
4. [If in the immediate previous fiscal year, the state's general revenue did not increase by two percent or more, the state treasurer shall deposit such moneys or other gifts, grants, or moneys received on a monthly basis into the state general revenue fund. Otherwise the state treasurer shall deposit such moneys in accordance with the provisions of subsection 5 of this section.
5.] The state treasurer shall deposit such moneys or other gifts, grants, or moneys received on a monthly basis into the "DNA Profiling Analysis Fund", which is hereby created in the state treasury. The fund shall be administered by the department of public safety. The moneys deposited into the DNA profiling analysis fund shall be used only [for DNA profiling analysis of convicted offender samples performed] by the highway patrol crime lab to fulfill the purposes of the DNA profiling system pursuant to section 650.052. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
[6. The provisions of subsections 1 and 2 of this section shall expire on August 28, 2013.]
650.055. 1. Every individual, in a Missouri circuit court, who:
(1) Pleads guilty to or is found guilty of a felony or any offense under chapter 566[,] ; or [who]
(2) Is seventeen years of age or older and [who is] arrested for burglary in the first degree under section 569.160, or burglary in the second degree under section 569.170, or a felony offense under [chapters] chapter 565, 566, 567, 568, or 573[,] ; or
(3) Has been determined to be a sexually violent predator pursuant to sections 632.480 to 632.513[,] ; or
(4) Is an individual required to register as a sexual offender under sections 589.400 to 589.425[,] ;
shall have a fingerprint and blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis[:] .
2. Any individual subject to DNA collection and profiling analysis under this section shall provide a DNA sample:
(1) Upon booking at a county jail or detention facility; or
(2) Upon entering or before release from the department of corrections reception and diagnostic centers; or
(3) Upon entering or before release from a county jail or detention facility, state correctional facility, or any other detention facility or institution, whether operated by a private, local, or state agency, or any mental health facility if committed as a sexually violent predator pursuant to sections 632.480 to 632.513; or
(4) When the state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person providing a DNA sample if the person was convicted of, found guilty of or pleaded guilty to[, or pleaded nolo contendere to an] a felony offense [in any other jurisdiction which would be considered a qualifying offense as defined in this section if committed in this state, or if the person was convicted of, pleaded guilty to, or pleaded nolo contendere to any equivalent offense] in any other jurisdiction; or
(5) If such individual is under the jurisdiction of the department of corrections. Such jurisdiction includes persons currently incarcerated, persons on probation, as defined in section 217.650, and on parole, as also defined in section 217.650; or
(6) At the time of registering as a sex offender under sections 589.400 to 589.425. [2.] 3. The Missouri state highway patrol and department of corrections shall be responsible for ensuring adherence to the law. Any person required to provide a DNA sample pursuant to this section shall be required to provide such sample, without the right of refusal, at a collection site designated by the Missouri state highway patrol and the department of corrections. Authorized personnel collecting or assisting in the collection of samples shall not be liable in any civil or criminal action when the act is performed in a reasonable manner. Such force may be used as necessary to the effectual carrying out and application of such processes and operations. The enforcement of these provisions by the authorities in charge of state correctional institutions and others having custody or jurisdiction over [those who have been arrested for, convicted of, pleaded guilty to, or pleaded nolo contendere to felony offenses] individuals included in subsection 1 of this section which shall not be set aside or reversed is hereby made mandatory. The board of probation or parole shall recommend that an individual on probation or parole who refuses to provide a DNA sample have his or her probation or parole revoked. In the event that a person's DNA sample is not adequate for any reason, the person shall provide another sample for analysis.
[3.] 4. The procedure and rules for the collection, analysis, storage, expungement, use of DNA database records and privacy concerns shall not conflict with procedures and rules applicable to the Missouri DNA profiling system and the Federal Bureau of Investigation's DNA databank system.
[4.] 5. Unauthorized [uses] use or dissemination of individually identifiable DNA information in a database for purposes other than criminal justice or law enforcement is a class A misdemeanor.
[5.] 6. Implementation of sections 650.050 to 650.100 shall be subject to future appropriations to keep Missouri's DNA system compatible with the Federal Bureau of Investigation's DNA databank system.
[6.] 7. All DNA records and biological materials retained in the DNA profiling system are considered closed records pursuant to chapter 610. All records containing any information held or maintained by any person or by any agency, department, or political subdivision of the state concerning an individual's DNA profile shall be strictly confidential and shall not be disclosed, except to:
(1) Peace officers, as defined in section 590.010, and other employees of law enforcement agencies who need to obtain such records to perform their public duties;
(2) The attorney general or any assistant attorneys general acting on his or her behalf, as defined in chapter 27;
(3) Prosecuting attorneys or circuit attorneys as defined in chapter 56, and their employees who need to obtain such records to perform their public duties;
(4) The individual whose DNA sample has been collected, or his or her attorney; or
(5) Associate circuit judges, circuit judges, judges of the courts of appeals, supreme court judges, and their employees who need to obtain such records to perform their public duties.
[7.] 8. Any person who obtains records pursuant to the provisions of this section shall use such records only for investigative and prosecutorial purposes, including but not limited to use at any criminal trial, hearing, or proceeding; or for law enforcement identification purposes, including identification of human remains. Such records shall be considered strictly confidential and shall only be released as authorized by this section.
[8. Within ninety days of warrant refusal, the arresting agency shall notify the Missouri state highway patrol crime laboratory which shall expunge all DNA records taken at the arrest for which the warrant was refused in the database pertaining to the person and destroy the DNA sample of the person, unless the Missouri state highway patrol determines that the person is otherwise obligated to submit a DNA sample.]
9. An individual may request expungement of his or her DNA sample and DNA profile through the court issuing the reversal or dismissal. A certified copy of the court order establishing that such conviction has been reversed or guilty plea [or plea of nolo contendere] has been set aside shall be sent to the Missouri state highway patrol crime laboratory. Upon receipt of the court order, the laboratory will determine that the requesting individual has no other qualifying offense as a result of any separate plea or conviction and no other qualifying arrest prior to expungement.
(1) A person whose DNA record or DNA profile has been included in the state DNA database in accordance with this section[, section 488.5050,] and sections 650.050, 650.052, and 650.100 may request expungement on the grounds that the conviction has been reversed, or the guilty plea [or plea of nolo contendere] on which the authority for including that person's DNA record or DNA profile was based has been set aside.
(2) Upon receipt of a written request for expungement, a certified copy of the final court order reversing the conviction or setting aside the plea and any other information necessary to ascertain the validity of the request, the Missouri state highway patrol crime laboratory shall expunge all DNA records and identifiable information in the state DNA database pertaining to the person and destroy the DNA sample of the person, unless the Missouri state highway patrol determines that the person is otherwise obligated to submit a DNA sample. Within thirty days after the receipt of the court order, the Missouri state highway patrol shall notify the individual that it has expunged his or her DNA sample and DNA profile, or the basis for its determination that the person is otherwise obligated to submit a DNA sample.
(3) The Missouri state highway patrol is not required to destroy any item of physical evidence obtained from a DNA sample if evidence relating to another person would thereby be destroyed.
(4) Any identification, warrant, arrest, or evidentiary use of a DNA match derived from the database shall not be excluded or suppressed from evidence, nor shall any conviction be invalidated or reversed or plea set aside due to the failure to expunge or a delay in expunging DNA records.
[9.] 10. When a DNA sample is taken of an arrestee for any offense listed under subsection 1 of this section and the warrant is refused, the arresting agency shall notify the Missouri state highway patrol crime laboratory within ninety days of warrant refusal and the crime laboratory shall expunge all DNA records taken at the arrest for which the warrant was refused in the database pertaining to the person and destroy the DNA sample of the person, unless the Missouri state highway patrol crime laboratory determines that the person is otherwise obligated to submit a DNA sample. Prior to expungement, the Missouri state highway patrol crime laboratory shall determine whether the individual has any other qualifying offenses or arrests that would require a DNA sample to be taken and retained prior to expungement under this subsection. The Missouri state highway patrol crime laboratory shall have ninety days from the date it receives notice to determine whether the DNA sample shall be expunged.
11. When a DNA sample is taken of an arrestee for any offense listed under subsection 1 of this section and charges are filed:
(1) If the charges are later withdrawn, the prosecutor shall notify the state highway patrol crime laboratory that such charges have been withdrawn;
(2) If the case is dismissed, the court shall notify the state highway patrol crime laboratory of such dismissal;
(3) If the court finds at the preliminary hearing that there is no probable cause that the defendant committed the offense, the court shall notify the state highway patrol crime laboratory of such finding;
(4) If the defendant is found not guilty, the court shall notify the state highway patrol crime laboratory of such verdict. If the state highway patrol crime laboratory receives a notice of expungement under this subsection [that the charges have been withdrawn, the case has been dismissed, there is a finding that the necessary probable cause does not exist, or the defendant is found not guilty] or subsection 10 of this section, such crime laboratory shall expunge the DNA sample and DNA profile of the arrestee within [thirty] ninety days. Prior to such expungement, the state highway patrol crime laboratory shall determine whether the individual has any other qualifying offenses or arrests that would require a DNA sample to be taken and retained prior to expungement under this subsection.
650.100. As used in this chapter, the following words shall have the following meanings unless a different meaning clearly appears from the context:
(1) "Central repository", [is] the location where all DNA samples collected from individuals [defined in] under section 650.055 will be maintained and analyzed; where all authorized DNA profiles uploaded to the state's database will be maintained; and from where all authorized DNA profiles will be uploaded to the national DNA database;
(2) "CODIS", the Federal Bureau of Investigation's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal, state, and local DNA crime laboratories. The term "CODIS" includes the National DNA Index System administered and operated by the Federal Bureau of Investigation;
(3) "Crime laboratory", a laboratory operated or supported financially by the state or any unit of city, county, or other local Missouri government that employs at least one scientist, who examines physical evidence in criminal matters and provides expert or opinion testimony with respect to such physical evidence in a state court of law;
(4) "Department", the Missouri department of public safety;
(5) "DNA", deoxyribonucleic acid. DNA is located in the cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification;
(6) "DNA profile" refers to the collective results of all DNA identification analyses on an individual's DNA sample;
(7) "DNA record", the DNA identification information stored in the state DNA database or CODIS. The DNA record is the result obtained from the DNA analysis. The DNA record is comprised of the characteristics of a DNA sample, which are of value in establishing the identity of individuals, the DNA profile as well as data required to manage and operate the state's DNA database, to include the specimen identification number;
(8) "DNA sample", a biological sample provided by any person with respect to offenses covered by section 650.055 or submitted to the Missouri state highway patrol crime laboratory pursuant to sections 650.050 to 650.100 for analysis or storage or both;
(9) "Expungement", the destruction of an individual's DNA sample and the removal of the DNA record from the state DNA database;
(10) "Forensic DNA analysis", the identification and evaluation of biological evidence in criminal matters using DNA technologies;
[(10)] (11) "Local funds", any funds not provided by the federal government.
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