SB1171 - 451R - House Bill Summary

House of Representatives

SB 1171

DNA testing; felony offenders

Sponsors: Senator Smith

X	Committee on Public Institutions & Rural Affairs
	Committee on Appropriations
	Caucus and COW	This bill as passed the Senate contains *an Appropriation clause.*
	As Passed the House

SB 1171 expands the list of crimes for which a person, when convicted or adjudicated delinquent, shall submit a deoxyribonucleic acid (DNA) sample and appropriates monies and staff positions to the Department of Public Safety (DPS) for implementing, operating and maintaining DNA testing and system administration costs.

History

All states allow collection of DNA samples from certain convicted criminals.

Ø 35 states, including Arizona, require DNA samples from persons convicted of serious crimes.

Ø 5 states require DNA testing from all felons.

Ø 16 states require DNA samples from specific sex offenders.

Arizona currently requires DNA samples from persons convicted of the following offenses or the attempt to commit these offenses: public sexual indecency; sexual abuse; sexual conduct with a minor; sexual assault; child molestation; crimes against nature; lewd and lascivious acts; continuous sexual abuse of a child; incest; failure to comply with sex offender registration laws; burglary in the first and second degrees; 1^st and 2^nd degree murder; manslaughter; and negligent homicide.

Beginning January 1, 2002, persons convicted or adjudicated delinquent of the following crimes will be required to give DNA samples: any offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury pursuant to §13-604 [SB 1171 would require persons convicted or adjudicated delinquent of an expanded list of crimes to be tested at differing effective dates].

Provisions

· Expands the current list of crimes for which persons convicted of or adjudicated of must currently submit DNA samples to include any felony offense listed under Arizona Revised Statutes (A.R.S.) Title 13, Chapter 14, 35.1 [includes sexual offenses and sexual exploitation of a minor].

· Requires persons convicted of or the attempt to commit felony offenses listed under Arizona Revised Statutes (A.R.S.) Title 13, Chapter 12, 19 or 36 to submit a DNA sample beginning January 1, 2002 [includes crimes such as assault, robbery or family offenses such as domestic violence].

· Requires persons convicted of or the attempt to commit felony offenses listed under A.R.S. Title 13, Chapter 13, 15, 17 or 31 to submit a DNA sample beginning January 1, 2003 [includes crimes such as kidnapping, criminal trespass, burglary, arson or weapons charges].

· Clarifies that persons must submit DNA samples within 30 days of being sentenced to the Department of Corrections, convicted and placed on probation with a county probation department, or a juvenile who is committed to the Department of Juvenile Corrections. Outlines the testing timeline for persons sentenced before the affect date of the amendment to this section.

· Stipulates that DNA tested persons must pay not less than $150 for the costs of the testing, proceeds of which shall be placed in the Arizona DNA identification system fund.

· Clarifies that DNA samples may be used for law enforcement purposes only and that if a person is acquitted of a conviction, then the DNA sample must be expunged from the system.

· Establishes the Arizona DNA case processing fund to be administered by the Arizona Criminal Justice Commission (ACJC) and stipulates monies may be allocated to law enforcement agencies with accredited crime laboratories. Limits ACJC to use no more than four percent of monies in the fund for administrative costs.

· States that monies in the Arizona DNA case processing fund and the Arizona DNA identification system fund are subject to legislative appropriation.

· Appropriates $549,200 and three FTEs in FY 2001-2002 and $782,600 and five FTEs in FY 2002-2003 from the state general fund to DPS for implementing, operating and maintaining DNA testing and for the costs of system administration.

· Makes other technical and conforming changes.

· ---------- DOCUMENT FOOTER ---------

· 45th Legislature