Summary of Original Version

Amend KRS 17.169 to include local law enforcement as persons authorized to collect DNA samples; define "rapid DNA instruments"; amend KRS 17.170 to provide for the collection of DNA samples at arrest or initial appearance from all persons charged with a felony offense; allow for collection of a second DNA sample by approved local governments to be processed via rapid DNA instruments; amend KRS 17.175 to provide that a person may request expungement of the record of his or her DNA in certain enumerated circumstances; amend KRS 64.060 to establish a $5 payment from the State Treasury to the collecting agency for each DNA sample collected.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions, except require that DNA samples be taken only by buccal swab; remove provisions allowing sheriffs and arresting peace officers to collect DNA samples at arrest; provide that analysis of DNA samples is authorized only for criminal justice and law enforcement purposes; require automatic expungement of DNA data if a charge or conviction is reversed, dismissed, not prosecuted, or results in conviction for a nonfelony offense or successful completion of a diversion program; allow individuals whose felony convictions are expunged to file a written request for expungement of DNA data with the Department of Kentucky State Police forensic laboratory; remove $5 payment to collecting agencies for collection and transmission of DNA samples.

Statutes affected:
Introduced: 17.169, 17.170, 17.175, 64.060
House Committee Substitute 1: 17.169, 17.170, 17.175
Current: 17.169, 17.170, 17.175