SB 169

Under current law, a person convicted of, found delinquent for, institutionalized

for, or declared registered sex offenders due to committing, felonies or certain other

misdemeanors are generally required to provide a deoxyribonucleic acid (DNA)

sample to the state crime laboratories for analysis and inclusion in the Department

of Justice (DOJ) DNA database. Under current law, a person who is required to

provide a DNA sample must provide it as follows:

1. A person sentenced to prison or a juvenile correctional facility must provide

the DNA sample while in prison or the facility, as directed by the Department of

Corrections (DOC). If the person does not provide the DNA sample while in prison

or the facility, then he or she must provide the DNA sample as soon as practicable

after release at a sheriff's office, except if directed otherwise by the person's

supervising agent.

2. A person placed on probation by a court in this state must provide the DNA

sample as soon as practicable after placement at the sheriff's office, except if directed

otherwise by the person's supervising agent.

3. A person placed on parole or probation in this state from another state, if

directed by DOC to provide a DNA sample, must provide the DNA sample, as soon

as practicable after release at the office of the county sheriff, except if directed

otherwise by the person's supervising agent.

4. A juvenile placed on supervision shall provide the DNA sample as soon as

practicable after placement at the sheriff's office, except if directed otherwise by the

agency providing supervision.

5. A person sentenced to jail or a county house of corrections must provide the

DNA sample as directed by the sheriff as soon as practicable after sentencing; and

if the person does not provide the biological specimen while in jail or the house of

corrections, as soon as practicable after release at a sheriff's office.

6. A person committed to the Department of Health Services must provide the

DNA sample as directed by that department.

7. If none of the above applies, the person must provide the DNA sample as soon

as practicable after the obligation to provide a DNA sample arises at the sheriff's

office, except if directed otherwise by the agency providing supervision or having

custody of the person.

Under this bill, when a person is found delinquent or found not guilty by reason

of mental disease or defect, sentenced, declared a sexual predator, or placed into

custody or on probation for a crime that requires the person to submit a DNA sample,

the court must place the person in the custody of the sheriff immediately after the

sentencing or placement hearing for a time sufficient to provide the sample. The bill

requires DOJ to promulgate rules for the collecting of samples by sheriffs.