ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
DNA testing; felony
offenders
Purpose
Expands the list of offenders required to submit to deoxyribonucleic acid (DNA) testing and appropriates monies and staff positions to the Department of Public Safety (DPS) for 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 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 expands the testing of 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 $549,200 and three FTEs in FY 2001-2002 and $782,600 and five FTEs
in FY 2002-2003 to DPS for implementation costs and other costs related to DNA
testing
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 DNA testing for felony offenses involving assault, robbery or family offenses such as domestic violence beginning on January 1, 2002, and requires testing of additional felony offenders to begin on January 1, 2003, including those involving kidnapping, criminal trespass, burglary, arson or weapons charges.
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 Arizona Criminal Justice Commission (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 $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.
7. Makes clarifying, technical and conforming changes.
8. Provides for a general effective date.
Amendments Adopted by Appropriations Committee
1. Limits the list of offenders required to submit to DNA testing.
2. Reduces the appropriation to DPS and eliminates the appropriation to ACJC.
3. Eliminates appropriations to the Arizona Department of Corrections (ADC), the Arizona Department of Juvenile Corrections (ADJC) and the Administrative Office of the Courts for the collection of blood samples.
Amendments
Adopted by Committee of the Whole
1. Clarifies that only the person from whom a DNA sample is drawn is responsible for paying an assessment.
2. Clarifies existing law so that all persons sentenced for the covered offenses and under the custody of ADC or ADJC or on probation are required to provide a blood sample for DNA testing.
Senate Action
JUD 2/6/01 DP 8-0-0-0
APPROP 3/9/01 DPA 11-0-1-0
3rd Read 3/20/01 30-0-0-0
Prepared by Senate Staff
March 29, 2001