ARIZONA STATE SENATE
Phoenix, Arizona
DNA testing; felony
offenders
Purpose
Changes the requirements for
deoxyribonucleic acid (DNA) testing and appropriates monies for the collection of
blood samples and for the purpose of implementing, operating and maintaining
DNA testing and system administration costs.
Incarceration agencies and
probation departments throughout Arizona are required by state statute to
collect and transmit to the Department of Public Safety (DPS) DNA samples from
offenders convicted of specified felony offenses. Results of the DNA testing are maintained in databases at both
the state and federal levels. A DNA
database can serve to exclude or include crime suspects as DNA samples are
collected from crime scenes and compared to samples in the databases. DNA evidence has been used to resolve
ongoing investigations and to exonerate people who have been incarcerated.
The National Commission on
the Future of DNA Evidence (Commission) was created in 1998 at the request of
the U.S. Attorney General. The
Commission members represent a diverse spectrum within the criminal justice
system. The Commission has advised that
all felony offenders should be DNA tested.
S.B. 1171 phases in the testing of all felony offenders in Arizona.
The average cost to secure a
DNA sample is reportedly $50 per person.
S.B. 1171 provides that a person who is subject to DNA testing must pay
not less than $150 for the costs of the testing. The total costs of implementing this bill are undetermined at
this time. However, the bill
appropriates $3.1 million each to both DPS and the Arizona Criminal Justice
Commission (ACJC) in FY 2001-2002 and FY 2002-2003 for implementation costs and
other costs related to DNA testing.
Additionally, unspecified monies are appropriated for the cost of
collecting blood samples.
1. Expands the list of criminal offenses that require convicted or adjudicated offenders to submit to DNA testing for law enforcement purposes and requires DNA testing to occur within 30 days of sentencing. Includes mandatory testing for crimes including homicide, sexual offenses and sexual exploitation of a minor.
2. Requires testing of all felony offenses, except those related to some drug offenses and driving under the influence, beginning on January 1, 2002, and requires testing of all felony offenders to begin on January 1, 2003.
3. Establishes 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.
4. Establishes the Arizona DNA case processing fund and states that monies in that fund and the Arizona DNA identification system fund are subject to legislative appropriation.
5. Authorizes the ACJC to administer the Arizona DNA case processing fund and to allocate monies from the fund to law enforcement agencies with accredited crime laboratories. Limits the ACJC to using not more than four percent of the monies in the fund for administrative costs.
6. Appropriates $3,100,000 from the state general fund in FY 2001-2002 and FY 2002-2003 to DPS for implementing, operating and maintaining DNA testing and for the costs of system administration.
7. Appropriates $3,100,000 from the state general fund in FY 2001-2002 and FY 2002-2003 to the ACJC for equipment, personnel and other operating expenses related to DNA testing.
8. Appropriates unspecified monies from the state general fund in FY 2001-2002 and FY 2002-2003 to the Department of Corrections, the Department of Juvenile Corrections and the Administrative Office of the Courts for the collection of blood samples.
9. Makes technical and conforming changes.
10. Provides for a general effective date.
Prepared by Senate Staff
February 5, 2001