|BILL AS INTRODUCED||2007-2008|
Introduced by Representatives Koch of Barre Town, Pillsbury of Brattleboro and Flory of Pittsford
Subject: Public safety; state DNA database and state data bank
Statement of purpose: This bill proposes to require persons who are arrested or cited for a felony to provide a DNA sample for the data bank. Current law requires a sample be given only upon conviction.
AN ACT RELATING TO REQUIRING PERSONS CHARGED WITH OR CITED FOR A FELONY TO SUBMIT A DNA SAMPLE FOR THE STATE DNA DATA BANK
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 20 V.S.A. § 1932 is amended to read:
§ 1932. DEFINITIONS
As used in this subchapter:
* * *
sample” means a tissue sample provided by any person
convicted of violent
arrested or cited for a designated crime or a forensic unknown sample. The
DNA sample may be blood or other tissue type specified by the department.
* * *
DNA database” means the laboratory DNA identification record system. The state
DNA database is a collection of the DNA records related to forensic casework,
offenders persons required to provide a DNA sample under this
subchapter, and anonymous DNA records used for protocol development or quality
* * *
Sec. 2. 20 V.S.A. § 1933 is amended to read:
§ 1933. DNA sample required
(a) The following persons shall submit a DNA sample:
A person convicted in a court arrested or cited in this
state of for a designated crime on or after the effective date
of this subchapter; and
July 1, 2007.
(2) A person convicted in this state for a designated crime on or after April 29, 1998.
A 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 such 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;
a supervised community sentence for a designated crime;
(D) on probation for a designated crime.
(b) A person who is charged or cited for a designated crime may be detained for a reasonable period of time for the sole purpose of obtaining the person’s DNA sample. At the time of arraignment, if such person has not previously submitted a DNA sample in connection with the criminal proceedings leading to the arraignment, the person shall submit a DNA sample at a time and place set by the court.
(c) A person
required to submit a DNA sample who is serving a sentence
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,
if the person has not previously submitted a DNA sample. (c)(d) 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 if the person has not previously submitted a DNA sample in
connection with the designated crime for which he or she is serving the
Sec. 3. 20 V.S.A. § 1940 is amended to read:
§ 1940. EXPUNGEMENT OF RECORDS AND DESTRUCTION OF SAMPLES
If a person’s conviction of a designated crime is reversed and the case is nolle
prosequi or dismissed or the person is granted a full pardon In
accordance with procedures set forth in subsection (b) of this section, the
department shall destroy the DNA sample and any records of a person related to
the sample that were taken in connection with a particular alleged designated
crime in any of the following circumstances:
(1) No criminal charge is filed by the state.
(2) The court does not make a determination of probable cause at the time of arraignment or dismisses the charge at the time of arraignment.
(3) The person is acquitted after a trial of all charges related to the incident which prompted the taking of the DNA sample.
(4) All criminal charges related to an incident that caused the DNA sample to be taken are dismissed by either the court or the state after arraignment, unless the attorney for the state can show good cause why the sample should not be destroyed.
(5) A person’s conviction related to an incident that caused the DNA sample to be taken is reversed and the case is dismissed.
(6) The person is granted a full pardon related to an incident that caused the DNA sample to be taken.
(b) If any of the circumstances in subsection (a) of this section occur, the court with jurisdiction or, as the case may be, the governor, shall so notify the department, and the person’s DNA record in the state DNA database and CODIS and the person’s DNA sample in the state DNA data bank shall be removed and destroyed. The laboratory shall purge the DNA record and all other identifiable information from the state DNA database and CODIS and destroy the DNA sample stored in the state DNA data bank. If the person has more than one entry in the state DNA database, CODIS, or the state DNA data bank, only the entry related to the dismissed case shall be deleted. The department shall notify the person upon completing its responsibilities under this subsection, by certified mail addressed to the person’s last known address.
the identity of the subject of a forensic unknown sample becomes known and that
subject is excluded as a suspect in the case, the sample record shall be
removed from the state DNA database upon the conclusion of the criminal
investigation and finalization of any criminal prosecution.
The Vermont General Assembly
115 State Street