Requiring a person arrested for a felony or a juvenile taken into custody for certain sexual assault offenses to provide a biological specimen for deoxyribonucleic acid analysis, inclusion of the analysis results in the Department of Justice deoxyribonucleic acid data bank, requiring the exercise of rule-making authority, and providing a penalty

In addition, a court may order a juvenile who is adjudicated delinquent for certain other offenses to provide a biological specimen for DNA analysis. The crime laboratories are required to analyze the DNA in the biological specimens and maintain a DNA data bank of information obtained from the analyses. The crime laboratories may compare data obtained from the analysis of specimens and may share the results of analyses or comparisons with law enforcement agencies, prosecutors, the person who submitted a specimen, and defense attorneys. The crime laboratories must expunge all data relating to a person from the data bank if the person's conviction or adjudication is reversed, set aside, or vacated and the person requests that the data be expunged. A person who is required to submit a biological specimen for DNA analysis, except a person who is committed for mental health reasons, and intentionally fails to provide a specimen is subject to a criminal penalty.

This bill requires law enforcement agencies to collect a biological specimen for DNA analysis from every adult who is arrested for a felony and every juvenile who is taken into custody for certain sexual assault offenses that would be felonies if committed by an adult. The bill further requires the crime laboratories to analyze the specimens and include information obtained from the analyses in the DNA data bank. Under the bill, the crime laboratories must expunge information about a person from the DNA data bank, at the person's request, if the person was required to submit a biological specimen only in connection with an arrest and the person is not charged with a crime within one year after the arrest, criminal charges are dismissed, or the court reaches final disposition with respect to charges in connection with the arrest and the person is not found guilty of a crime or, if found guilty of a crime, the conviction is later reversed, set aside, or vacated. Similarly, the crime laboratories must expunge information about a person from the DNA data bank, at the person's request, if the person was required to submit a biological specimen only in connection with being taken into custody as a juvenile and the state does not file a criminal complaint or delinquency petition alleging certain sexual assault offenses within a year after taking the juvenile into custody, sexual assault allegations are dismissed, or the court reaches final disposition with respect to allegations in connection with the taking into custody and the person is not found to have committed certain sexual offenses or, if found to have committed such an offense, the finding is later reversed, set aside, or vacated. A person who is required under the bill to provide a biological specimen for DNA analysis and intentionally fails to do so is subject to a fine not to exceed $10,000 or imprisonment not to exceed nine months or both.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.