SB1475 - 541R - Senate Fact Sheet

Purpose

Requires the Arizona Department of Public Safety (DPS) to establish a database to retain deoxyribonucleic acid (DNA) identification collected from sexual assault kits, and establish a process that requires such DNA to be analyzed using Rapid DNA identification.

Background

DPS currently utilizes a DNA identification (DNA ID) 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 ID system in DPS (A.R.S. § 41-1771).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires DPS to establish and maintain a DNA ID database to retain DNA ID that is collected from sexual assault kits.

2. 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 that requires samples in sexual assault kits to be analyzed using Rapid DNA identification.

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

4. 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; or

c) on the issuance of a valid court order.

5. 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.

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

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

8. 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.

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

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

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

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

13. Defines terms.

14. Makes technical changes.

15. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Adopted the strike-everything amendment.

2. Requires the database to collect DNA from sexual assault kits and be analyzed using Rapid DNA.

3. Removes the requirement that DNA be collected from persons who provide direct care at intermediate care facilities for individuals with intellectual disabilities.

4. Removes the ability for DPS to collect a $250 fee for submission of DNA and removes the Proposition 108 clause.

5. Removes requirements relating to DNA samples that would no longer be required to be submitted.

6. Removes the requirement that DPS share DNA ID with other governmental entities for specified purposes.

7. Removes the requirement that DNA be made available for legitimate research studies as determined by DPS.

8. Removes the requirement that DPS destroy a sample after testing.

9. Removes the requirement that additional samples be submitted if data points are not generated for at least 15 of the 20 core loci.

Senate Action

TPS 2/20/19 DPA/SE 5-3-0