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BILL AS INTRODUCED 2007-2008

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H.181

Introduced by Representatives Koch of Barre Town, Pillsbury of Brattleboro and Flory of Pittsford

Referred to Committee on

Date:

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:

* * *

(5)  “DNA 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.

* * *

(10)  “State DNA database” means the laboratory DNA identification record system.  The state DNA database is a collection of the DNA records related to forensic casework, convicted offenders persons required to provide a DNA sample under this subchapter, and anonymous DNA records used for protocol development or quality control.

* * *

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

§ 1933.  DNA sample required

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

(1)  every 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.

(3)  every 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;

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

(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 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, 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 sentence.


Sec. 3.  20 V.S.A. § 1940 is amended to read:

§ 1940.  EXPUNGEMENT OF RECORDS AND DESTRUCTION OF SAMPLES

(a)  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.

(b)(c)  If 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. 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us