SB 1000 Allows changes to provisions on DNA profiling, including DNA testing of all felony and sexual offenders
LR Number:3639L.19T Fiscal Note:3639-19
Committee:Judiciary and Civil & Criminal Jurisprudence
Last Action:06/17/04 - Signed by Governor Journal page:
Title:HS HCS SS SB 1000
Effective Date:August 28, 2004
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Current Bill Summary

HS/HCS/SS/SB 1000 - Under this act, the "DNA Profiling System" is designed to assist federal, state, and local law enforcement with the identification, investigation, and prosecution of individuals, as well as the identification of missing people.

The act requires the DNA profiling system to support the development of forensic studies and protocols, and maintain a population statistics database for crime laboratories, in addition to the other activities it performs.

The act requires the DNA profiling system to collaborate with the FBI and other agencies relating to the state's participation in the FBI's Combined DNA Index System(CODIS).

The Department of Corrections, the Division of Probation and Parole, an authorized designee, or a contracted third party shall collect DNA samples from those offenders who are under the jurisdiction of the Department. The county jail, an authorized designee, or a contracted third party is responsible for the collection of DNA samples from those in county jail.

This act requires that every individual who pleads guilty to a felony or any sexual offense pursuant to Chapter 566, RSMo, or any individual who has been proven beyond a reasonable doubt to be a sexually violent predator, provide a sample for the purposes of DNA profiling analysis. An individual must be tested: (1) Upon entering the Department of Corrections; (2) Before release from a county jail, detention facility, state correctional facility, mental health facility if committed as a sexually violent predator, or other institution; (3) Upon being admitted to Missouri from another state pursuant to an interstate compact; or (4) While under the jurisdiction of the Department of Corrections, if the person is already under such jurisdiction.

The act requires a person to provide another sample for DNA profiling analysis if his or her original sample was not adequate for any reason.

The act creates a thirty dollar surcharge to be assessed in each circuit court proceeding filed within the state in a criminal case in which the defendant pleads guilty or nolo contendere to or is convicted of a felony. A fifteen dollar surcharge shall be assessed as a cost in criminal cases in which the individual pleads or is convicted of a misdemeanor. The act creates the "DNA Profiling Analysis Fund" which the money from the surcharges will be deposited into.

This act makes all DNA records and biological materials retained for the DNA profiling system closed records. The records shall be considered confidential, and with limited exceptions, cannot be disclosed. Anyone who properly obtains the records may only use the information for certain specified purposes.

The act allows individuals to request expungement of their DNA sample and profile if the court issues a dismissal of the charges or reversal of the decision. The act sets out the proper procedure to be used when a person requests expungement of his or her information and such expungement is granted. The Highway Patrol must notify the individual of the expungement of his or her or the reason for not expunging the DNA sample and profile within thirty days after receiving a court order. With the expungement of information, the highway patrol is not required to destroy evidence obtained from DNA samples if evidence relating to other people would be destroyed as well. The failure or delay in expunging a person's information; however, shall not be a reason to suppress evidence or change the result of his or her case.

An individual who is found innocent may receive restitution in the amount of $50 for each day of incarceration. All of the restitution paid shall come from money deposited into the DNA profiling analysis fund. If money remains in the fund as of June 30th of each year, it shall be used to pay restitution to such individuals. If there are insufficient funds, the department shall pay each individual a pro rata share of the amount such person is owed and the remaining amounts will be paid during subsequent years.

If the results of DNA testing confirms a person's guilt, the person filing for DNA testing will be liable for reasonable costs incurred when conducting the DNA test and sanctioned under Section 217.262, RSMo, for a frivolous lawsuit.