FIRST REGULAR SESSION

HOUSE BILL NO. 440

91ST GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES BOUCHER AND LUETKENHAUS (Co-sponsors).

Read 1^st time January 18, 2001, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

1203L.01I

AN ACT

To repeal section 650.055, RSMo 2000, relating to persons required to submit DNA samples for the state DNA profiling system, and to enact in lieu thereof one new section relating to the same subject.

Section A. Section 650.055, RSMo 2000, is repealed and one new section enacted in lieu thereof, to be known as section 650.055, to read as follows:

650.055. 1. Every [individual] adult convicted of a felony and every juvenile certified as an adult and convicted of a felony which is defined as a violent offense pursuant to chapter 565, RSMo, or as a sex offense pursuant to chapter 565, RSMo, or as a sex offense pursuant to chapter 566, RSMo in a Missouri circuit court[, of a felony, defined as a violent offense under chapter 565, RSMo, or as a sex offense under chapter 566, RSMo, excluding sections 566.010 and 566.020,] RSMo, shall have a blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis:

(1) Upon entering the department of correction's reception and diagnostic centers; or

(2) Before release from a county jail or detention facility; [or]

(3) If such individual is under the jurisdiction of the department of corrections on or after August 28, 1996. Such jurisdiction includes persons currently incarcerated, persons on probation, as defined in section 217.650, RSMo, and on parole, as also defined in section 217.650, RSMo; or

(4) On or after August 28, 2001, upon conviction.

2. The Missouri state highway patrol and department of corrections shall be responsible for ensuring adherence to the law. Any person required to provide a DNA sample pursuant to this section shall be required to provide such sample, without the right of refusal, at a collection site designated by the Missouri state highway patrol and the department of corrections. Authorized personnel collecting or assisting in the collection of samples shall not be liable in any civil or criminal action when the act is performed in a reasonable manner. Such force may be used as necessary to the effectual carrying out and application of such processes and operations. The enforcement of these provisions by the authorities in charge of state correctional institutions and others having custody of those convicted of the felony which shall not be set aside or reversed, is hereby made mandatory.

3. The procedure and rules for the collection, analysis, storage, expungement, use of DNA database records and privacy concerns shall not conflict with procedures and rules applicable to the Missouri DNA profiling system and the Federal Bureau of Investigation's DNA data bank system.

4. Unauthorized uses or dissemination of individually identifiable DNA information in a database for purposes other than criminal justice or law enforcement is a class A misdemeanor.

5. Implementation of section 650.050 and this section shall be subject to future appropriations to keep Missouri's DNA system compatible with the Federal Bureau of Investigation's DNA data bank system.

Missouri House of Representatives