Download this document in MS Word format


AutoFill Template

S.185

Introduced by   Senator Sears of Bennington District

Referred to Committee on

Date:

Subject:  Internal security; DNA databank

Statement of purpose:  This bill proposes to clarify the effective date of the DNA databank laws; authorize the department of corrections to obtain samples from any person required to submit a sample, whether or not that person is in the custody of the commissioner; provide a process to compel a person to submit a DNA sample; and exempt fingerprints taken in conjunction with a DNA sample for the purposes of identification from existing fingerprinting requirements unless they are copies kept in the statewide criminal history repository.

AN ACT RELATING TO DNA DATABANK

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1 20 V.S.A. § 1933 shall be amended to read:

§ 1933.  DNA Sample Required

(a)  The following persons shall submit a DNA sample:

(1)  every person convicted in a court in this state of a designated crime on or after the effective date of this subchapter April 29, 1998; and

(2)  every person who was convicted in a court in this state of a designated crime prior to the effective date of this subchapter April 29, 1998 and, after the effective date of this subchapter that date, is:

(A)  in the custody of the commissioner of corrections pursuant to 28 V.S.A. § 701;

(B)  on parole for a designated crime;

(C)  serving a supervised community sentence for a designated crime; and

(D)  on probation for a designated crime.

(b)  A person required to submit a sample who is serving a sentence for a designated crime in a correctional facility shall have his or her DNA samples collected or taken at the receiving correctional facility, or at a place and time designated by the commissioner of corrections or by a court.

(c)  A person serving a sentence for a designated crime not confined to a correctional facility shall have his or her DNA samples collected or taken at a place and time designated by the commissioner of corrections, the commissioner of public safety, or a court. A person required to submit a sample under this section who, after December 1, 1998, is not in the custody of the commissioner and has not submitted a DNA sample, shall submit a sample pursuant to the procedures set forth in section 1933a of this title.

Sec. 2.  20 V.S.A. § 1933a is added to read:

§ 1933a.  Continuing Obligation To Provide A Sample;

                Procedure

(a)  The obligation to provide a DNA sample pursuant to the requirements of this subchapter shall continue after discharge from the custody of the commissioner of corrections.

(b)  The department and the department of corrections shall identify those individuals who are required to submit a sample pursuant to this subchapter and have been discharged from custody without providing a sample.

(c)  The department of corrections shall send a certified letter to the last known address of such persons designating a place and time for the person to appear and provide a DNA sample.

(d)  The failure to appear at the designated time shall be considered a refusal pursuant to section 1935 of this title, and the state may seek a court order that the person provide a sample.  Service on the person may be made by first class mail.  Should the person fail to appear at the court hearing scheduled under this section and section 1935 of this title, the court shall issue an order that the individual be taken into custody and brought before the court.  The court shall determine whether the person is a person required to submit a sample pursuant to section 1933 of this title.  If the person is required to submit a sample, the court shall designate a place and time for the person to appear and provide a DNA sample.

(e)  An order under this section shall be considered an arrest warrant.

Sec. 3.  20 V.S.A. § 1934(c) is added to read:

(c)  Nothing in this section shall prohibit the department of corrections from sending to the Vermont crime information center copies of fingerprints taken by the department of corrections for the laboratory in conjunction with the taking of a DNA sample.  Such copies of fingerprints received by the center shall be subject to the provisions of section 2061 of this title.

Sec. 4.  20 V.S.A. § 2061 is amended to read:

§ 2061.  FINGERPRINTING

* * *

(n)   Nothing in this section requires the department of corrections to send copies of fingerprints taken in connection with a DNA sample to the Vermont crime information center, and the provisions of this section shall not apply to such fingerprints obtained by the department of corrections.  However, the provisions of this section shall apply to such copies of fingerprints received by the center from the department.

(o)  The commissioner of public safety shall adopt rules to implement this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us