- Introduced -

SB 1000 - The act provides that results of forensic DNA analysis shall be admissible as evidence to prove or disprove any relevant fact during a criminal trial or proceeding. 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 act allows the Department of Corrections, the Division of Probation and Parole, an authorized designee, or a contracted third party to collect DNA samples.

This act requires that every individual, who pleads guilty to a felony or any sexual offense pursuant to Chapter 566, RSMo, 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, 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. If an individual is currently under the jurisdiction of the Department of Corrections, he or she may not be released before the end of the maximum term available unless the person has provided a DNA sample.

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. In addition, the act limits the effect of obtaining or placing an offender's DNA sample in the database by mistake.

The act requires that a mandatory fee of $160 be assessed on any person who has committed a qualifying offense pursuant to this act. The fee will be collected by the Department of Corrections and transmitted to the Department of Public Safety, in order for a DNA database fund to be established. The fund will be used for the operation of the CODIS systems. If an inmate refuses to pay this fee, the Department of Corrections may collect the amount owed from the inmate's wages or prison account.

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. 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.

SUSAN HENDERSON