SB 1026 Requires the DNA testing of all felons entering the Dept. of Corrections and other felons leaving a county jail
Sponsor:Mathewson
LR Number:3394S.02I Fiscal Note:3394-02
Committee:Financial and Governmental Organization, Veterans' Affairs & Elections
Last Action:01/26/04 - Second Read and Referred S Financial & Governmental Journal page:S158
Organization, Veterans' Affairs & Elections Committee
Title:
Effective Date:August 28, 2004
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2004 Senate Bills
Current Bill Summary

SB 1026 - This act requires all individuals convicted of a felony and those who enter into a plea agreement resulting in a conviction of a felony to be DNA tested upon entering the custody of the Department of Corrections. Also, this act also requires the DNA testing of felons convicted of certain sexual or violent offenses, who are being released from a county jail or detention facility.

Under this act, the Missouri State Highway Patrol and the Department of Corrections are responsible for ensuring adherence to this law.

Any person required to provide a sample for DNA testing must do so without refusal at a designated collection site. Any personnel collecting the samples shall not be civilly or criminally liable if the act is performed in a reasonable manner and such personnel may use as much force as is necessary to complete the process.

The procedure and rules used in this process cannot conflict with those applicable to the DNA profiling system and the FBI's DNA data bank system.

According to this act, unauthorized use or dissemination of DNA information for purposes other than law enforcement or criminal justice is a Class A misdemeanor.

Under this act, the state's acceptance of a felon from another state into the Department of Corrections is conditional on the person providing a sample for DNA profiling analysis.

A person who is required to provide a sample for DNA profiling analysis, but has not provided such a sample, shall do so after being notified. It is a Class A misdemeanor for a person subject to this act to knowingly refuse to provide a sample after being notified. This act requires individuals who have provided inadequate samples for testing purposes to provide an additional sample.

This act allows a person, whose case has been dismissed or conviction reversed, to request being expunged from the DNA profiling system. Upon receiving the necessary documentation, such individual's sample for DNA testing shall be destroyed and all of the DNA records shall be expunged from the DNA profiling system. An item of physical evidence, from which DNA profiling analysis was taken, does not have to be destroyed if evidence relating to another person would also be destroyed.
SUSAN HENDERSON