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H0428........................................................by MR. SPEAKER
Requested by: Department of Law Enforcement
DNA SAMPLES - COLLECTION - Amends existing law to remove references to
genetic marker, to provide for forwarding and collection of DNA samples
pursuant to rules adopted by the Bureau of Forensic Services and to provide
for sampling methodology in addition to blood draws.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Jud
01/22 Rpt out - rec d/p - to 2nd rdg
01/23 2nd rdg - to 3rd rdg
01/26 3rd rdg - PASSED - 69-0-1
AYES -- Alexander, Alltus, Barraclough, Barrett, Bell, Bieter,
Bivens, Black(15), Black(23), Boe, Bruneel, Callister, Campbell,
Chase, Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Jones(9)
Floor Sponsor - Clark
Title apvd - to Senate
01/27 Senate intro - 1st rdg - to Jud
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Risch, Sandy, Schroeder, Sorensen, Sweeney, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Riggs, Stennett, Twiggs
Floor Sponsor - Deide
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 123
Effective: 07/01/98
H0428|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 428 BY MR. SPEAKER Requested by: Department of Law Enforcement 1 AN ACT 2 RELATING TO THE IDAHO DNA AND GENETIC MARKER DATABASE ACT OF 1996; AMENDING 3 THE CHAPTER HEADING OF CHAPTER 55, TITLE 19, IDAHO CODE, TO DELETE 4 "GENETIC MARKER"; AMENDING SECTION 19-5505, IDAHO CODE, TO PROVIDE COR- 5 RECT TERMINOLOGY; AMENDING SECTION 19-5507, IDAHO CODE, TO DELETE INCOR- 6 RECT TERMINOLOGY AND REFERENCES; AMENDING SECTION 19-5509, IDAHO CODE, TO 7 PROVIDE FOR GENETIC TESTING OF SAMPLES IN ADDITION TO BLOOD AND TO ELIMI- 8 NATE REFERENCES TO THE ANALYSIS OF SAMPLES FOR GENETIC MARKERS; AMENDING 9 SECTION 19-5511, IDAHO CODE, TO PROVIDE FOR FORWARDING AND WITHDRAWAL OF 10 DNA SAMPLES IN ACCORDANCE WITH RULES ADOPTED BY THE BUREAU OF FORENSIC 11 SERVICES AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 19-5514, 12 IDAHO CODE, TO DELETE TERMINOLOGY, TO DELETE OBSOLETE REQUIREMENTS FOR 13 PUBLIC DISCLOSURE OF METHODOLOGY PRIOR TO THE COMMENCEMENT OF DNA TESTING 14 AND CONSIDERATION OF PEER REVIEW AND VALIDATION STUDIES AND TO CORRECT A 15 CODE CITATION; AND AMENDING SECTION 19-5517, IDAHO CODE, TO DELETE INCOR- 16 RECT TERMINOLOGY. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That the heading of Chapter 55, Title 19, Idaho Code, be, and 19 the same is hereby amended to read as follows: 20 CHAPTER 55 21 THE IDAHO DNAAND GENETIC MARKERDATABASE ACT OF 1996 22 SECTION 2. That Section 19-5505, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 19-5505. USE OF THE STATE DATABANK AND DATABASE -- DUTIES OF BUREAU OF 25 FORENSIC SERVICES. (1) The bureau of forensic services shall perform or con- 26 tract for DNA analysisand other genetic typing analysisfor law 27 enforcement purposes. 28 (2) The bureau of forensic services shall serve as a repository for DNA 29 samples collected and shall analyze samples, or contract for analysis, and 30 shall store, compile, correlate, maintain and use DNAand genetic marker31profiles and records related to: 32 (a) Forensic casework; 33 (b) Offenders required to provide samples under this chapter; 34 (c) The identification and location of missing persons; and 35 (d) Anonymous DNA records used for research or quality control. 36 (3) A match between evidence DNA samples from a criminal investigation 37 and DNA samples from a state or federal database may be used to sustain proba- 38 ble cause for the arrest of a suspect upon application for a warrant. 39 (4) Thegenetic markersDNA profile may also be 40 used at trial as evidence, provided that the evidence is otherwise admissible 41 at trial. Thegenetic markersDNA profile may also 2 1 be used in developing statistical calculations of populations frequencies. 2 SECTION 3. That Section 19-5507, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 19-5507. RESPONSIBILITY FOR SAMPLE COLLECTION -- TIMING OF SAMPLE COLLEC- 5 TION -- SITE FOR SAMPLE COLLECTION. (1) A court shall order a DNA sample and 6 thumbprint impression to be taken after conviction and before sentencing of 7 any person upon application by the prosecuting attorney, the attorney general, 8 or the department of law enforcement upon a showing that early collection of 9 such samples will be in the best interest of justice. The DNA samples shall be 10 collected in accordance with procedures established by the bureau of forensic 11 services. The director may designate a state or county correctional facility 12 for sample collection. 13 (2) Any person, including any juvenile tried as an adult, who comes 14 within the terms of this chapter, and who is granted probation or who serves 15 an entire term of confinement in a state or county facility, or who otherwise 16 bypasses a prison inmate reception center shall, prior to physical release 17 from custody, be required to provide a DNA sample and thumbprint impression at 18 a department of law enforcement designated sample collection location. If the 19 person is not incarcerated at the time of sentencing, the court shall order 20 the person to report within ten (10) working days to the facilities designated 21 for the collection of such specimens. 22 (3) The chief administrative officer of any state or local detention 23 facility, jail or other facility shall cause a DNA sample and thumbprint 24 impression to be collected from the person subject to this chapter during the 25 intake process at the facility, or immediately thereafter at another facility 26 designated for such collection, if DNA samples previously have not been taken 27 pursuant to this chapter. 28 (4) The director of the department of correction shall cause a DNA sample 29 and thumbprint impression to be collected from any person subject to the terms 30 of this chapter who has been sentenced to serve a term of imprisonment in a 31 state correctional institution and who has not had acomplete set of32DNA samplestaken after conviction and before sentencing. 33 The DNA sample and thumbprint impression shall be collected from the person 34 during the intake process at the reception center designated by the director 35 of the department of correction as soon as possible. 36 (5) Any person subject to the terms of this chapter who is serving a term 37 of imprisonment or confinement, and who did not, for any reason, provide a DNA 38 sample or thumbprint impression for analysis by the bureau of forensic ser- 39 vices, shall submit to such tests as soon as practicable, but in any event 40 prior to final discharge, parole, or release from imprisonment or confine- 41 ment. A person who was convicted prior to the effective date of this chapter 42 is not exempt from these requirements. 43 (6) As a condition of probation or parole, any person subject to the 44 terms of this chapter and who has not previously submitted a DNA sample and 45 thumbprint impression, shall upon notice by a law enforcement agency or an 46 agent of the department of correction, be required to provide a DNA sample and 47 thumbprint impression if it has been determined that such sample and thumb- 48 print impression are not in the possession of the bureau of forensic services. 49 That person is required to have the sample and impression taken within ten 50 (10) working days at the designated county or state facility. 51 (7) When the state accepts an offender from another state under any 52 interstate compact, or under any other reciprocal agreement with any county, 53 state or federal agency, or any other provision of law, whether or not the 3 1 offender is confined or released, the acceptance is conditional on the 2 offender providing a DNA sample and thumbprint impression if the offender was 3 convicted of an offense which would qualify as a crime described in section 4 19-5506, Idaho Code, if committed in this state, or if the person was con- 5 victed of an equivalent offense in any other jurisdiction. If the offender 6 from another state is not confined, the samples and impression required by 7 this chapter must be provided within ten (10) working days after the offender 8 reports to the supervising agent or within ten (10) working days of notice to 9 the offender, whichever occurs first. The person shall report to the10department of law enforcement'sdesignated sample collection facility 11 or facilities to have the sample and impression taken. If the offender from 12 another state is confined, he or she shall provide the DNA sample and thumb- 13 print impression as soon as practicable after receipt in a state or county 14 correctional facility or other facility, and, in any event, before completion 15 of the person's term of imprisonment, if that person is to be discharged. 16 (8) Any inmate serving a term of incarceration for committing an offense 17 listed in section 19-5506, Idaho Code, who is released on parole, furlough, or 18 other release, and is returned to a state or local correctional institution 19 for a violation of a condition of that release, and that inmate has not previ- 20 ously provided a DNA sample and thumbprint impression, shall provide a sample 21 and impression upon returning to the state correctional institution. 22 SECTION 4. That Section 19-5509, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 19-5509. GENETIC TESTING OFBLOODSAMPLES GIVEN FOR ANOTHER 25 PURPOSE. If a person has been convicted of a crime as provided by this chapter 26 and has given a DNA sample or samples to law enforcement for any purpose, the 27 bureau of forensic services is authorized to analyze suchsample or28samplesfor genetic markers, includingfor 29 DNA ,markers,andincluding30 include thegeneticDNA profiles from such 31 samples in the state's convicted felon DNA databank and databases. This provi- 32 sion applies whether the DNA sample originally collected was from a sexual or 33 violent offender pursuant to the databank and database program, and whether 34 the crime committed predated the effective date of this chapter, or any amend- 35 ments thereto. This provision does not relieve a person subject to the terms 36 of this chapter from giving a DNA sample and thumbprint impression for the DNA 37 databank and database. 38 SECTION 5. That Section 19-5511, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 19-5511. COLLECTION AND FORWARDING OF SAMPLES -- LIABILITY -- USE OF 41 FORCE. (1) The director of the department of correction or the chief adminis- 42 trative officer of the detention facility, jail, other facility at which the 43 DNA sample and thumbprint impression were collected shall forward the samples 44 and impressions to the bureau of forensic servicesno later than ten45(10) working days after the date of collectionaccording to 46 requirements set forth in the bureau of forensic services rules . 47 (2) The bureau of forensic services shall provide all specimen48vialscollection materials , thumbprint cards, mailing 49 tubes, envelopes, labels and instructions for the collection of the samples 50 and thumbprint impressions. The DNA samples and thumbprint impressions shall 51 thereafter be forwarded to the bureau of forensic services for analysis of 4 1 DNA .and other genetic typing.2 (3)The withdrawal of DNA samples shall be performed in a medically3approved manner. Only a physician, registered nurse, licensed vocational4nurse, duly licensed clinical laboratory technologist, clinical laboratory5bioanalyst or trained phlebotomist may withdraw the DNA samples6 The bureau of forensic services shall adopt rules specifying how DNA samples 7 are to be taken . 8(4)The right thumbprint impression shall be taken on a form 9 prescribed by the department of law enforcement. 10 (54 ) No person or governmental agency shall be 11 subject to civil or criminal liability forwithdrawing blood12 obtaining DNA samples or obtaining thumbprint impressions absent 13 a showing of reckless disregard for medically accepted practices or a showing 14 of malice. 15 (65 ) Duly authorized law enforcement and cor- 16 rection personnel shall employ reasonable force in cases where an individual 17 who is incarcerated refuses or resists submission to procedures for collecting 18 a DNA sample or thumbprint impression authorized by this chapter, and no 19 employee shall be subject to criminal or civil liability for the reasonable 20 use of force absent a showing of malice. 21 SECTION 6. That Section 19-5514, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 19-5514. LIMITATIONS ON DISCLOSURE OF INFORMATION. (1) All DNA profiles 24 retained by the bureau of forensic services pursuant to this chapter shall be 25 treated as confidential as provided by section 9-340(47), Idaho 26 Code. 27 (2) The DNAand other genetic typinginformation shall be 28 filed with the offender's file maintained by the department of law enforce- 29 ment. 30 (3) The DNAand other genetic typinginformation shall not 31 be included in the state summary criminal history information. 32 (4) The DNAand other genetic typinginformation, and thumb- 33 print impressions, shall be released only to law enforcement agencies, includ- 34 ing, but not limited to, parole officers of the department of correction, 35 hearing officers of the parole authority, and prosecuting attorneys' offices, 36 at the request of the agency, except as specified in this chapter. Dissemina- 37 tion of this information to law enforcement agencies and prosecuting attor- 38 neys' offices outside the state shall be done in conformity with the provi- 39 sions of this chapter. 40 (5) Any person who, by virtue of employment or official position, or any 41 person contracting to carry out any function under this chapter, including any 42 officers, employees and agents of such contractor who has possession of or 43 access to individual identifiable DNA information contained in the state DNA 44 database or databank and who willfully discloses such information in any man- 45 ner to any person or agency not entitled to receive it is guilty of a misde- 46 meanor. 47 (6) Furnishing DNAor other genetic typinginformation or 48 thumbprint comparison results to defense counsel for criminal defense purposes 49 in compliance with discovery is not a violation of this section. 50 (7) It is not a violation of this section to disseminate statistical or 51 research information obtained from the offender's file, the computerized 52 databank system, or any of the bureau of forensic services' databases provided 53 that the subject of the file is not identified and cannot be identified from 5 1 the information disclosed. It is also not a violation of this section to 2 include information obtained from a file in a transcript or record of a judi- 3 cial proceeding or in any other public record when the inclusion of the infor- 4 mation in the public record is authorized by a court, statute or case law. 5(8) The bureau of forensic services shall make public the methodol-6ogy and procedures to be used in its DNA program prior to the commencement of7DNA testing in its laboratories. The department of law enforcement shall8review and consider on an ongoing basis the findings and results of any peer9review and validation studies submitted to the bureau of forensic services by10members of the relevant scientific community experienced in the use of DNA11technology.12 SECTION 7. That Section 19-5517, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 19-5517. OPERATION WITH EXISTING LAW -- AUTHORITY OF LAW ENFORCEMENT 15 OFFICERS. Nothing in this chapter shall limit or abrogate any existing author- 16 ity of law enforcement officers to take, maintain, store and use DNAor17other genetic markersinformation or thumbprint impres- 18 sions for law enforcement purposes.
STATEMENT OF PURPOSE
RS07309C1
The purpose of this bill is to amend Chapter 55, Title 19 Idaho Code to allow the department of
law enforcement to be more responsive to technology changes concerning the collection of DNA
samples from certain convicted felons. Language currently in Idaho Code ties sample collection
specifically to blood draws. Other, less invasive and equally reliable techniques for collection are
available. The amendment will allow the DLE to determine the type and methodology of sample
collection without requiring a statutory change each time the technology changes.
FISCAL IMPACT
This proposed amendment requires no additional funding by the State of Idaho, nor does it
reduce current cost estimates for collection and processing. It will certainly save on
administrative costs of continually amending the law to keep up with technology changes and
allow some latitude in electing methodology. Potential savings may be realized in the area of
anticipated costs for litigation, as sample collection techniques other than the blood draw can be
used.
CONTACT
Name: Ann Thompson, Special Assistant
Agency: Department of Law Enforcement
Phone: 884-7000
Statement of Purpose/Fiscal Impact
H 428