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H0520aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
DNA ANALYSIS COSTS - Amends existing law to provide that offenders
committing burglary and felony domestic violence shall be subject to sample
DNA collection; to provide that certain persons may be ordered by the court
to pay restitution to help offset costs incurred by law enforcement
agencies for the expense of DNA analysis; to provide the amount of
restitution; to provide which law enforcement entities are entitled to
receive the restitution; and to provide for the deposit of moneys remitted
to the Idaho State Police and the Office of the Attorney General.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 62-5-3
AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, Meyer, Miller, Mitchell, Naccarato, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ring, Roberts, Robison, Rydalch,
Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Trail, Wills, Wood
NAYS -- Barrett, Boe, McKague, Moyle, Ringo
Absent and excused -- Eskridge, Stevenson, Mr. Speaker
Floor Sponsor - Wills
Title apvd - to Senate
02/18 Senate intro - 1st rdg - to Jud
03/04 Rpt out - to 14th Ord
03/08 Rpt out amen - to 1st rdg as amen
03/09 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 29-0-6
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Sweet, Werk
NAYS -- None
Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams
Floor Sponsor - Darrington
Title apvd - to House
03/16 House concurred in Senate amens - to engros
03/17 Rpt engros - 1st rdg - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 63-2-5
AYES -- Andersen, Barraclough, Bayer, Bell, Black, Block, Bolz,
Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
NAYS -- Barrett, McKague
Absent and excused -- Bauer, Bedke, Boe, Jones, Trail
Floor Sponsor - Wills
Title apvd - to enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 157
Effective: 03/23/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 520
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO DNA DATABASE ACT OF 1996; AMENDING SECTION 19-5502,
3 IDAHO CODE, TO DEFINE "DNA ANALYSIS"; AMENDING SECTION 19-5506, IDAHO
4 CODE, TO PROVIDE FOR THE ADDITION OF TWO CLASSES OF OFFENDERS COMMITTING
5 FELONY BURGLARY AND FELONY DOMESTIC VIOLENCE THAT SHALL BE SUBJECT TO SAM-
6 PLE COLLECTION, TO PROVIDE THAT PERSONS SUBJECT TO SECTION 19-5506, IDAHO
7 CODE, MAY BE ORDERED BY THE COURT TO PAY RESTITUTION TO HELP OFFSET COSTS
8 INCURRED BY LAW ENFORCEMENT AGENCIES FOR THE EXPENSE OF DNA ANALYSIS, TO
9 PROVIDE THE AMOUNT OF RESTITUTION, TO PROVIDE WHICH LAW ENFORCEMENT ENTI-
10 TIES ARE ENTITLED TO RECEIVE THE RESTITUTION AND TO PROVIDE FOR DEPOSIT OF
11 MONEYS REMITTED TO THE IDAHO STATE POLICE AND THE OFFICE OF THE ATTORNEY
12 GENERAL; AND DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 19-5502, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 19-5502. DEFINITIONS. (1) "CODIS" means the federal bureau of
17 investigation's combined DNA index system that allows the storage and exchange
18 of DNA records submitted by state and local forensic laboratories.
19 (2) "Director" means the director of the Idaho state police.
20 (3) "DNA" means deoxyribonucleic acid.
21 (4) "DNA analysis" means the scientific test of a DNA sample for the pur-
22 pose of obtaining a DNA profile.
23 (5) "DNA profile" means the list of one (1) or more genetic types deter-
24 mined for an individual based on variations in DNA sequence.
25 (56) "DNA record" means DNA information stored in the statewide DNA data-
26 base system of the bureau of forensic services or CODIS and includes informa-
27 tion commonly referred to as a DNA profile.
28 (67) "DNA sample" means a body fluid or tissue sample provided by any
29 person convicted of a qualifying sex crime or violent crime or any body fluid
30 or tissue sample submitted to the statewide DNA database system for analysis
31 pursuant to a criminal investigation or missing person investigation.
32 (78) "Forensic laboratory" means the bureau of forensic services of the
33 Idaho state police.
34 (89) "Law enforcement purpose" means to assist federal, state or local
35 criminal justice and law enforcement agencies within and outside the state of
36 Idaho in identification or prosecution of sex crimes, violent crimes or other
37 crimes and the identification and location of missing and unidentified per-
38 sons.
39 (910) "Statewide DNA databank" means the state repository of DNA samples
40 collected under this chapter.
41 (101) "Statewide DNA database system" means the DNA record system adminis-
42 tered by the Idaho bureau of forensic services.
2
1 SECTION 2. That Section 19-5506, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 19-5506. SCOPE OF LAW -- OFFENDERS SUBJECT TO SAMPLE COLLECTION -- EARLY
4 COLLECTION OF SAMPLES -- RESTITUTION. (1) Any person, including any juvenile
5 tried as an adult, who is convicted of, or pleads guilty to, any of the fol-
6 lowing crimes, regardless of the form of judgment or withheld judgment, and
7 regardless of the sentence imposed or disposition rendered, shall be required
8 to provide to the Idaho state police, a DNA sample and a right thumbprint
9 impression:
10 (a) Aggravated arson (section 18-805, Idaho Code);
11 (b) Aggravated assault (section 18-905, Idaho Code);
12 (c) Aggravated battery (section 18-907, Idaho Code);
13 (d) Assault with the intent to commit a serious felony (section 18-909,
14 Idaho Code);
15 (e) Battery with the intent to commit a serious felony (section 18-911,
16 Idaho Code);
17 (f) Domestic violence (section 18-918, Idaho Code, constituting a fel-
18 ony);
19 (g) Burglary (sections 18-1401 and 18-1405, Idaho Code, constituting a
20 felony);
21 (h) Injury to a child (section 18-1501(1), Idaho Code);
22 (gi) Sexual abuse of a child under the age of sixteen years (section
23 18-1506, Idaho Code);
24 (hj) Possession of sexually exploitive material for other than a commer-
25 cial purpose (section 18-1507A, Idaho Code);
26 (ik) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
27 Code);
28 (jl) Sexual battery of a minor child sixteen or seventeen years of age
29 (section 18-1508A, Idaho Code);
30 (km) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
31 (ln) Manslaughter (section 18-4006(1) or (2), Idaho Code);
32 (mo) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
33 (np) Mayhem (section 18-5001, Idaho Code);
34 (oq) Rape (section 18-6101, Idaho Code);
35 (pr) Robbery (section 18-6501, Idaho Code);
36 (qs) Incest (section 18-6602, Idaho Code);
37 (rt) Crime against nature (section 18-6605, Idaho Code);
38 (su) Forcible sexual penetration (section 18-6608, Idaho Code);
39 (tv) Racketeering (section 18-7804, Idaho Code);
40 (uw) Transfer of body fluid which may contain the HIV virus (section
41 39-608, Idaho Code);
42 (vx) Failure to register as sex offender (sections 18-8304 and 18-8308,
43 Idaho Code).
44 (2) In addition to those crimes enumerated in subsection (1) of this sec-
45 tion, any person, including any juvenile tried as an adult, who is convicted
46 for an attempt to commit any of the following crimes, regardless of the form
47 of judgment or withheld judgment, and regardless of the sentence imposed or
48 disposition rendered, shall be required to provide to the Idaho state police,
49 a DNA sample and a right thumbprint impression:
50 (a) Aggravated arson (section 18-805, Idaho Code);
51 (b) Sexual abuse of a child under the age of sixteen years (section
52 18-1506, Idaho Code);
53 (c) Injury to a child (section 18-1501(1), Idaho Code);
54 (d) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
3
1 Code);
2 (e) Sexual battery of a minor child sixteen or seventeen years of age
3 (section 18-1508A, Idaho Code);
4 (f) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
5 (g) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
6 (h) Mayhem (section 18-5001, Idaho Code);
7 (i) Rape (section 18-6101, Idaho Code);
8 (j) Robbery (section 18-6501, Idaho Code);
9 (k) Incest (section 18-6602, Idaho Code);
10 (l) Crime against nature (section 18-6605, Idaho Code);
11 (m) Forcible sexual penetration (section 18-6608, Idaho Code);
12 (n) Transfer of body fluid which may contain the HIV virus (section
13 39-608, Idaho Code).
14 (3) This chapter's requirements for submission to tests and procedures
15 for obtaining a DNA sample and thumbprint impression from the persons
16 described above are mandatory and apply to those persons convicted of such
17 crimes covered in this chapter prior to its effective date, and who, as a
18 result of the offense, are incarcerated in a county jail facility or a penal
19 facility or are under probation or parole supervision after the effective date
20 of this chapter.
21 (4) The collection of samples and impressions specified in this chapter
22 are required regardless of whether the person previously has supplied a DNA
23 sample to law enforcement agencies in any other jurisdiction.
24 (5) The requirements of this chapter are mandatory and apply regardless
25 of whether a court advises a person that samples and impressions must be pro-
26 vided to the databank and database as a condition of probation or parole.
27 (6) Unless the court determines that an order of restitution would be
28 inappropriate or undesirable, it shall order any person subject to the provi-
29 sions of this section to pay restitution to help offset costs incurred by law
30 enforcement agencies for the expense of DNA analysis.
31 (7) The court may order such person to pay restitution for DNA analysis
32 in an amount not to exceed five hundred dollars ($500) per DNA sample analy-
33 sis, or in the aggregate not more than two thousand dollars ($2,000), regard-
34 less of whether:
35 (a) The source of the sample is the person, the victim or other persons
36 of interest in the case;
37 (b) Results of the analysis are entered into evidence in the person's
38 criminal case;
39 (c) The DNA sample was previously analyzed for another criminal case; or
40 (d) Restitution for that DNA sample analysis was ordered in any other
41 criminal case.
42 (8) Law enforcement agencies entitled to restitution under this section
43 include the Idaho state police, county and city law enforcement agencies, the
44 office of the attorney general, county prosecuting attorneys and city attor-
45 neys.
46 (9) In the case of reimbursement for DNA analysis performed by the Idaho
47 state police, those moneys shall be paid to the Idaho state police and depos-
48 ited in the law enforcement fund. In the case of reimbursement to the office
49 of the attorney general, those moneys shall be paid to the general fund.
50 (10) Persons who have been sentenced to death, or life without the possi-
51 bility of parole, or to any life or indeterminate term are not exempt from the
52 requirements of this chapter.
53 SECTION 3. An emergency existing therefor, which emergency is hereby
54 declared to exist, this act shall be in full force and effect on and after its
4
1 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Darrington
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 520
1 AMENDMENT TO SECTION 2
2 On page 2 of the printed bill, delete lines 19 and 20 and insert:
3 "(g) Burglary (sections 18-1401 and 18-1405, Idaho Code), except those
4 convictions in which the defendant entered a retail mercantile establish-
5 ment and the offense took place when the victim was open to the public for
6 business and the defendant committed a theft and his actions did not con-
7 stitute grand theft as defined in chapter 24, title 18, Idaho Code;".
8 CORRECTION TO TITLE
9 On page 1, in line 5, delete "FELONY BURGLARY" and insert: "BURGLARY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 520, As Amended in the Senate
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO DNA DATABASE ACT OF 1996; AMENDING SECTION 19-5502,
3 IDAHO CODE, TO DEFINE "DNA ANALYSIS"; AMENDING SECTION 19-5506, IDAHO
4 CODE, TO PROVIDE FOR THE ADDITION OF TWO CLASSES OF OFFENDERS COMMITTING
5 BURGLARY AND FELONY DOMESTIC VIOLENCE THAT SHALL BE SUBJECT TO SAMPLE COL-
6 LECTION, TO PROVIDE THAT PERSONS SUBJECT TO SECTION 19-5506, IDAHO CODE,
7 MAY BE ORDERED BY THE COURT TO PAY RESTITUTION TO HELP OFFSET COSTS INCUR-
8 RED BY LAW ENFORCEMENT AGENCIES FOR THE EXPENSE OF DNA ANALYSIS, TO PRO-
9 VIDE THE AMOUNT OF RESTITUTION, TO PROVIDE WHICH LAW ENFORCEMENT ENTITIES
10 ARE ENTITLED TO RECEIVE THE RESTITUTION AND TO PROVIDE FOR DEPOSIT OF
11 MONEYS REMITTED TO THE IDAHO STATE POLICE AND THE OFFICE OF THE ATTORNEY
12 GENERAL; AND DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 19-5502, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 19-5502. DEFINITIONS. (1) "CODIS" means the federal bureau of
17 investigation's combined DNA index system that allows the storage and exchange
18 of DNA records submitted by state and local forensic laboratories.
19 (2) "Director" means the director of the Idaho state police.
20 (3) "DNA" means deoxyribonucleic acid.
21 (4) "DNA analysis" means the scientific test of a DNA sample for the pur-
22 pose of obtaining a DNA profile.
23 (5) "DNA profile" means the list of one (1) or more genetic types deter-
24 mined for an individual based on variations in DNA sequence.
25 (56) "DNA record" means DNA information stored in the statewide DNA data-
26 base system of the bureau of forensic services or CODIS and includes informa-
27 tion commonly referred to as a DNA profile.
28 (67) "DNA sample" means a body fluid or tissue sample provided by any
29 person convicted of a qualifying sex crime or violent crime or any body fluid
30 or tissue sample submitted to the statewide DNA database system for analysis
31 pursuant to a criminal investigation or missing person investigation.
32 (78) "Forensic laboratory" means the bureau of forensic services of the
33 Idaho state police.
34 (89) "Law enforcement purpose" means to assist federal, state or local
35 criminal justice and law enforcement agencies within and outside the state of
36 Idaho in identification or prosecution of sex crimes, violent crimes or other
37 crimes and the identification and location of missing and unidentified per-
38 sons.
39 (910) "Statewide DNA databank" means the state repository of DNA samples
40 collected under this chapter.
41 (101) "Statewide DNA database system" means the DNA record system adminis-
42 tered by the Idaho bureau of forensic services.
2
1 SECTION 2. That Section 19-5506, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 19-5506. SCOPE OF LAW -- OFFENDERS SUBJECT TO SAMPLE COLLECTION -- EARLY
4 COLLECTION OF SAMPLES -- RESTITUTION. (1) Any person, including any juvenile
5 tried as an adult, who is convicted of, or pleads guilty to, any of the fol-
6 lowing crimes, regardless of the form of judgment or withheld judgment, and
7 regardless of the sentence imposed or disposition rendered, shall be required
8 to provide to the Idaho state police, a DNA sample and a right thumbprint
9 impression:
10 (a) Aggravated arson (section 18-805, Idaho Code);
11 (b) Aggravated assault (section 18-905, Idaho Code);
12 (c) Aggravated battery (section 18-907, Idaho Code);
13 (d) Assault with the intent to commit a serious felony (section 18-909,
14 Idaho Code);
15 (e) Battery with the intent to commit a serious felony (section 18-911,
16 Idaho Code);
17 (f) Domestic violence (section 18-918, Idaho Code, constituting a fel-
18 ony);
19 (g) Burglary (sections 18-1401 and 18-1405, Idaho Code), except those
20 convictions in which the defendant entered a retail mercantile establish-
21 ment and the offense took place when the victim was open to the public for
22 business and the defendant committed a theft and his actions did not con-
23 stitute grand theft as defined in chapter 24, title 18, Idaho Code;
24 (h) Injury to a child (section 18-1501(1), Idaho Code);
25 (gi) Sexual abuse of a child under the age of sixteen years (section
26 18-1506, Idaho Code);
27 (hj) Possession of sexually exploitive material for other than a commer-
28 cial purpose (section 18-1507A, Idaho Code);
29 (ik) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
30 Code);
31 (jl) Sexual battery of a minor child sixteen or seventeen years of age
32 (section 18-1508A, Idaho Code);
33 (km) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
34 (ln) Manslaughter (section 18-4006(1) or (2), Idaho Code);
35 (mo) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
36 (np) Mayhem (section 18-5001, Idaho Code);
37 (oq) Rape (section 18-6101, Idaho Code);
38 (pr) Robbery (section 18-6501, Idaho Code);
39 (qs) Incest (section 18-6602, Idaho Code);
40 (rt) Crime against nature (section 18-6605, Idaho Code);
41 (su) Forcible sexual penetration (section 18-6608, Idaho Code);
42 (tv) Racketeering (section 18-7804, Idaho Code);
43 (uw) Transfer of body fluid which may contain the HIV virus (section
44 39-608, Idaho Code);
45 (vx) Failure to register as sex offender (sections 18-8304 and 18-8308,
46 Idaho Code).
47 (2) In addition to those crimes enumerated in subsection (1) of this sec-
48 tion, any person, including any juvenile tried as an adult, who is convicted
49 for an attempt to commit any of the following crimes, regardless of the form
50 of judgment or withheld judgment, and regardless of the sentence imposed or
51 disposition rendered, shall be required to provide to the Idaho state police,
52 a DNA sample and a right thumbprint impression:
53 (a) Aggravated arson (section 18-805, Idaho Code);
54 (b) Sexual abuse of a child under the age of sixteen years (section
3
1 18-1506, Idaho Code);
2 (c) Injury to a child (section 18-1501(1), Idaho Code);
3 (d) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
4 Code);
5 (e) Sexual battery of a minor child sixteen or seventeen years of age
6 (section 18-1508A, Idaho Code);
7 (f) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
8 (g) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
9 (h) Mayhem (section 18-5001, Idaho Code);
10 (i) Rape (section 18-6101, Idaho Code);
11 (j) Robbery (section 18-6501, Idaho Code);
12 (k) Incest (section 18-6602, Idaho Code);
13 (l) Crime against nature (section 18-6605, Idaho Code);
14 (m) Forcible sexual penetration (section 18-6608, Idaho Code);
15 (n) Transfer of body fluid which may contain the HIV virus (section
16 39-608, Idaho Code).
17 (3) This chapter's requirements for submission to tests and procedures
18 for obtaining a DNA sample and thumbprint impression from the persons
19 described above are mandatory and apply to those persons convicted of such
20 crimes covered in this chapter prior to its effective date, and who, as a
21 result of the offense, are incarcerated in a county jail facility or a penal
22 facility or are under probation or parole supervision after the effective date
23 of this chapter.
24 (4) The collection of samples and impressions specified in this chapter
25 are required regardless of whether the person previously has supplied a DNA
26 sample to law enforcement agencies in any other jurisdiction.
27 (5) The requirements of this chapter are mandatory and apply regardless
28 of whether a court advises a person that samples and impressions must be pro-
29 vided to the databank and database as a condition of probation or parole.
30 (6) Unless the court determines that an order of restitution would be
31 inappropriate or undesirable, it shall order any person subject to the provi-
32 sions of this section to pay restitution to help offset costs incurred by law
33 enforcement agencies for the expense of DNA analysis.
34 (7) The court may order such person to pay restitution for DNA analysis
35 in an amount not to exceed five hundred dollars ($500) per DNA sample analy-
36 sis, or in the aggregate not more than two thousand dollars ($2,000), regard-
37 less of whether:
38 (a) The source of the sample is the person, the victim or other persons
39 of interest in the case;
40 (b) Results of the analysis are entered into evidence in the person's
41 criminal case;
42 (c) The DNA sample was previously analyzed for another criminal case; or
43 (d) Restitution for that DNA sample analysis was ordered in any other
44 criminal case.
45 (8) Law enforcement agencies entitled to restitution under this section
46 include the Idaho state police, county and city law enforcement agencies, the
47 office of the attorney general, county prosecuting attorneys and city attor-
48 neys.
49 (9) In the case of reimbursement for DNA analysis performed by the Idaho
50 state police, those moneys shall be paid to the Idaho state police and depos-
51 ited in the law enforcement fund. In the case of reimbursement to the office
52 of the attorney general, those moneys shall be paid to the general fund.
53 (10) Persons who have been sentenced to death, or life without the possi-
54 bility of parole, or to any life or indeterminate term are not exempt from the
55 requirements of this chapter.
4
1 SECTION 3. An emergency existing therefor, which emergency is hereby
2 declared to exist, this act shall be in full force and effect on and after its
3 passage and approval.
STATEMENT OF PURPOSE
RS 13494
Idaho Code Chapter 55, Title 19 is "The Idaho DNA Database Act of 1996".
This proposed amendment to the statute adds a definition of "DNA
analysis"; provides for the addition of two new classes of offenders
subject to sample collection: felony burglary and felony domestic
violence; and provides that persons subject to section 19-5506 may be
ordered by the court to pay restitution to help offset costs incurred by
law enforcement agencies for the expense of DNA analysis.
Burglars are known to have a high correlation with rape, and DNA database
research has proven this. A review of the state of Virginia database
showed that nearly half of all the hits on unsolved rapes come from
offenders with prior burglary convictions. Domestic assaults likewise
are violent crimes often leading to rape or homicide. Inclusion of these
crime categories in the DNA database will increase law enforcement's
ability to identify and more quickly bring to justice the perpetrators
of violent crimes.
Idaho is now on line with STR (Short Tandem Repeat) DNA analysis and
CODIS (Combined DNA Index System), and can provide DNA analysis on
samples submitted for a variety of crimes. DNA analysis is a costly
procedure, with processing expenses running from $750 to $1,200 per
sample. DNA case analysis typically requires a minimum of three samples
with some homicide/rape cases submitting over one hundred samples. As
sample numbers and technology costs increase, it is prudent to consider
recouping a portion of the costs from offenders through restitution. The
amount is calculated to be affordable to the offender and will roughly
cover the cost of reagents for the DNA analysis, or allow local law
enforcement to recoup some cost of specialized DNA analysis not available
from the Bureau of Forensic Services.
Restitution funds received by the laboratory will be used to purchase,
repair and maintain instruments, equipment and supplies, pay for training
and general operations/maintenance of the laboratory and pay for DNA
outsourcing on analysis that ISP's laboratory does not perform.
FISCAL IMPACT
Estimated costs for the increase in samples based on felony burglary and
felony domestic violence convictions to ISP Forensic Services budget
(general fund) could vary between $10,400 and $46,938 depending on award
of federal grants for offender backlog reduction. Income from
restitution for DNA analysis will depend on frequency of restitution
ordered and the ability of the offender to pay.
CONTACT
Name: Ann Cronin
Agency: Idaho State Police
Phone: (208) 884-7002
Statement of Purpose/Fiscal Impact H 520