SB1475 - 541R - Senate Fact Sheet

Purpose

Requires the Arizona Department of Public Safety (DPS) to establish a database to retain deoxyribonucleic acid (DNA) identification for persons required to submit DNA samples to DPS. Contains requirements for enactment and becomes effective on signature of the Governor (Proposition 108).

Background

DPS currently utilizes a DNA identification system for the purposes of conducting DNA testing and analysis of persons required by law to submit DNA samples. Persons currently required by law to submit DNA include but are not limited to: 1) persons convicted of a felony offense; 2) persons convicted of homicide, sexual abuse or exploitation of a child or other serious or dangerous offenses as outlined in statute; and 3) adjudicated delinquents in violation of certain laws as prescribed by statute (A.R.S. § 13-610; 41-2418). The Scientific Analysis Bureau within DPS serves as the State Combined DNA Index System Database and uploads approximately 22,000 convicted offender and arrestee DNA samples into the Combined DNA Index System utilized by the Federal Bureau of Investigation (FBI). The Scientific Criminal Analysis Section is tasked with establishing procedures for the implementation of the DNA identification system in DPS (A.R.S. § 41-1771).

This legislation may result in an increase to state revenues with the implementation of a new $250 fee imposed on persons who submit DNA identification (DNA ID) to a collecting agency.

Provisions

1. Requires DPS to establish and maintain a DNA ID database to retain DNA ID that is collected in accordance with the provisions of this legislation.

2. States that DNA ID must be associated with the person's name, date of birth, last known address and social security number, if available.

3. States that DNA ID may not include any criminal history or medical condition information.

4. States that the DNA ID database must be separate from any other database used by DPS for criminal justice purposes.

5. Requires DNA ID to be collected from a person who meets both of the following criteria:

a) the person is required by law to submit fingerprints as part of an original or renewal application for licensure or certification purposes; and

b) the person provides direct care in an intermediate care facility for individuals with intellectual disabilities.

6. Requires DPS to publish standards and protocols for collection and processing of DNA ID that must include the following:

a) procedures for analyzing information in the database and providing responses to authorized requests for identification; and

b) a process for the collection of an additional set of samples in sexual assault kits for analysis with Rapid DNA identification.

7. Requires DPS to develop procedures through which samples that may not meet criteria for inclusion in the database can be searched against the database.

8. States that the database is not a public record and may only be searched by DPS or a person authorized by DPS for the following reasons:

a) by a law enforcement personnel for legitimate criminal justice purposes;

b) to match DNA ID with other criminal justice related databases;

c) to share DNA ID with other governmental entities for the purposes of law enforcement, employment, licensing, death registration, missing persons or identification of persons using aliases or multiple identities;

d) on the issuance of a valid court order; or

e) for a legitimate research study approved by DPS.

9. Requires a collecting agency to promptly process the sample with a Rapid DNA identification instrument approved by the FBI that can return results in less than two hours for submittal to DPS.

10. Allows a collecting agency to collect a fee of $250 on a person who submits biological samples.

11. Allows a collecting agency to require an additional DNA sample from a person if the first sample does not generate data from at least 15 of the 20 core loci utilized by the FBI.

12. Prohibits a collecting agency from testing a sample for information other than DNA ID.

13. Prohibits a collecting agency from submitting DNA sequence or single nucleotide polymorphism to DPS, and from using this information to create a genetic profile.

14. Requires a collecting agency to ensure the destruction of a sample after completion of testing.

15. Requires DPS to annually report on the use of the database, the number of DNA ID samples in the system and the number and nature of queries.

16. Requires DPS to appoint an ombudsman to respond to complaints related to incorrect information or unauthorized submittal or use of information in the database.

17. Requires the ombudsman to recommend remedial action to DPS as necessary.

18. Requires a person who collects samples to generate DNA ID to complete training approved by DPS.

19. Classifies unauthorized access to, or use of information in the database as a class 2 misdemeanor.

20. Defines terms.

21. Makes technical changes.

22. Requires for enactment the affirmative vote of at least two-thirds of the members of each house of the Legislature (Proposition 108).

23. Becomes effective on signature of the Governor.