SB 779 - This act modifies provisions relating to the DNA Profiling System.
Currently, funds collected from a certain court surcharge are deposited into the DNA Profiling Analysis Fund; however, if during the previous fiscal year, the state's general revenue did not increase by 2% or more, the state treasurer shall deposit such money into the state general revenue fund. Under this section, the money from the court surcharge would be deposited into the DNA Profiling Analysis Fund regardless of the state's general revenue from the previous year. The section also specifies that money from the fund shall only be used by the Highway Patrol.
This section tolls the statute of limitations during any period of time after a DNA profile is developed and reported from evidence collected in relation to the commission of an offense until the time when the accused is identified by name based upon a match between that DNA evidence profile and the known DNA profile of the accused.
This section requires adults arrested for any sexual offense under Chapter 566, rather than only those arrested of a felony offense under such chapter, to be DNA tested. Persons arrested for robbery shall also be DNA tested. It also specifies that sexual offenders, who are currently required to be DNA tested, must do so at the time of registration.
This section states that a person, received from any agency of another state, must submit to DNA testing if he or she committed a felony in any other jurisdiction, rather than an "equivalent" offense for which one must submit to testing in this state.
Currently, the Highway Patrol is required to expunge DNA records upon receiving a court order. This section specifies that the patrol is responsible for all records in the state DNA database. Prior to expunging a record the highway patrol must determine if the person has other qualifying arrests or offenses that would require a DNA sample to be taken. Under this section, the highway patrol shall have 30 days to determine whether the sample should be expunged.
This act contains an emergency clause for certain provisions.
This act is similar to provisions of HCS/HB 1451 (2010), HB 1869 (2010), and HCS/SCS/SB 829 (2010).
SUSAN HENDERSON MOORE