HOUSE BILL NO. 2868 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PARKER.
6519H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 650.055, RSMo, and to enact in lieu thereof one new section relating to the collection of biological samples.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 650.055, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 650.055, to read as follows: 650.055. 1. Every individual who: 2 (1) Is found guilty of [a felony or] any offense under chapter 566; or 3 (2) Is seventeen years of age or older and arrested for [burglary in the first degree 4 under section 569.160,] a felony offense or burglary in the second degree under section 5 569.170[, or a felony offense under chapter 565, 566, 567, 568, or 573]; or 6 (3) Has been determined to be a sexually violent predator pursuant to sections 7 632.480 to 632.513; or 8 (4) Is an individual required to register as a sexual offender under sections 589.400 to 9 589.425; 10 11 shall have a fingerprint and blood or scientifically accepted biological sample collected for 12 purposes of DNA profiling analysis. 13 2. Any individual subject to DNA collection and profiling analysis under this section 14 shall provide a DNA sample: 15 (1) Upon booking at a county jail or detention facility; or 16 (2) Upon entering or before release from the department of corrections reception and 17 diagnostic centers; or
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2868 2
18 (3) Upon entering or before release from a county jail or detention facility, state 19 correctional facility, or any other detention facility or institution, whether operated by a 20 private, local, or state agency, or any mental health facility if committed as a sexually violent 21 predator pursuant to sections 632.480 to 632.513; or 22 (4) When the state accepts a person from another state under any interstate compact, 23 or under any other reciprocal agreement with any county, state, or federal agency, or any other 24 provision of law, whether or not the person is confined or released, the acceptance is 25 conditional on the person providing a DNA sample if the person was found guilty of a felony 26 offense in any other jurisdiction; or 27 (5) If such individual is under the jurisdiction of the department of corrections. Such 28 jurisdiction includes persons currently incarcerated, persons on probation, as defined in 29 section 217.650, and on parole, as also defined in section 217.650; or 30 (6) At the time of registering as a sex offender under sections 589.400 to 589.425. 31 3. Notwithstanding the provisions of subsection 2 of this section, if it is 32 determined that the person's DNA sample has been included in the DNA database and 33 has not been subject to a court order expunging the record from the DNA database, no 34 additional sample is required. 35 4. The Missouri state highway patrol and department of corrections shall be 36 responsible for ensuring adherence to the law. Any person required to provide a DNA sample 37 pursuant to this section shall be required to provide such sample, without the right of refusal, 38 at a collection site designated by the Missouri state highway patrol and the department of 39 corrections. Authorized personnel collecting or assisting in the collection of samples shall not 40 be liable in any civil or criminal action when the act is performed in a reasonable manner. 41 Such force may be used as necessary to the effectual carrying out and application of such 42 processes and operations. The enforcement of these provisions by the authorities in charge of 43 state correctional institutions and others having custody or jurisdiction over individuals 44 included in subsection 1 of this section which shall not be set aside or reversed is hereby 45 made mandatory. The division of probation and parole shall recommend that an individual on 46 probation or parole who refuses to provide a DNA sample have his or her probation or parole 47 revoked. In the event that a person's DNA sample is not adequate for any reason, the person 48 shall provide another sample for analysis. 49 [4.] 5. The procedure and rules for the collection, analysis, storage, expungement, use 50 of DNA database records and privacy concerns shall not conflict with procedures and rules 51 applicable to the Missouri DNA profiling system and the Federal Bureau of Investigation's 52 DNA databank system. HB 2868 3
53 [5.] 6. Unauthorized use or dissemination of individually identifiable DNA 54 information in a database for purposes other than criminal justice or law enforcement is a 55 class A misdemeanor. 56 [6.] 7. Implementation of sections 650.050 to 650.100 shall be subject to future 57 appropriations to keep Missouri's DNA system compatible with the Federal Bureau of 58 Investigation's DNA databank system. 59 [7.] 8. All DNA records and biological materials retained in the DNA profiling 60 system are considered closed records pursuant to chapter 610. All records containing any 61 information held or maintained by any person or by any agency, department, or political 62 subdivision of the state concerning an individual's DNA profile shall be strictly confidential 63 and shall not be disclosed, except to: 64 (1) Peace officers, as defined in section 590.010, and other employees of law 65 enforcement agencies who need to obtain such records to perform their public duties; 66 (2) The attorney general or any assistant attorneys general acting on his or her behalf, 67 as defined in chapter 27; 68 (3) Prosecuting attorneys or circuit attorneys as defined in chapter 56, and their 69 employees who need to obtain such records to perform their public duties; 70 (4) The individual whose DNA sample has been collected, or his or her attorney; or 71 (5) Associate circuit judges, circuit judges, judges of the courts of appeals, supreme 72 court judges, and their employees who need to obtain such records to perform their public 73 duties. 74 [8.] 9. Any person who obtains records pursuant to the provisions of this section shall 75 use such records only for investigative and prosecutorial purposes, including but not limited 76 to use at any criminal trial, hearing, or proceeding; or for law enforcement identification 77 purposes, including identification of human remains. Such records shall be considered 78 strictly confidential and shall only be released as authorized by this section. 79 [9.] 10. (1) An individual may request expungement of his or her DNA sample and 80 DNA profile through the court issuing the reversal or dismissal, or through the court granting 81 an expungement of all official records under section 568.040. A certified copy of the court 82 order establishing that such conviction has been reversed, guilty plea has been set aside, or 83 expungement has been granted under section 568.040 shall be sent to the Missouri state 84 highway patrol crime laboratory. Upon receipt of the court order, the laboratory will 85 determine that the requesting individual has no other qualifying offense as a result of any 86 separate plea or conviction and no other qualifying arrest prior to expungement. 87 (2) A person whose DNA record or DNA profile has been included in the state DNA 88 database in accordance with this section and sections 650.050, 650.052, and 650.100 may 89 request expungement on the grounds that the conviction has been reversed, the guilty plea on HB 2868 4
90 which the authority for including that person's DNA record or DNA profile was based has 91 been set aside, or an expungement of all official records has been granted by the court under 92 section 568.040. 93 (3) Upon receipt of a written request for expungement, a certified copy of the final 94 court order reversing the conviction, setting aside the plea, or granting an expungement of all 95 official records under section 568.040, and any other information necessary to ascertain the 96 validity of the request, the Missouri state highway patrol crime laboratory shall expunge all 97 DNA records and identifiable information in the state DNA database pertaining to the person 98 and destroy the DNA sample of the person, unless the Missouri state highway patrol 99 determines that the person is otherwise obligated to submit a DNA sample. Within thirty days 100 after the receipt of the court order, the Missouri state highway patrol shall notify the 101 individual that it has expunged his or her DNA sample and DNA profile, or the basis for its 102 determination that the person is otherwise obligated to submit a DNA sample. 103 (4) The Missouri state highway patrol is not required to destroy any item of physical 104 evidence obtained from a DNA sample if evidence relating to another person would thereby 105 be destroyed. 106 (5) Any identification, warrant, arrest, or evidentiary use of a DNA match derived 107 from the database shall not be excluded or suppressed from evidence, nor shall any conviction 108 be invalidated or reversed or plea set aside due to the failure to expunge or a delay in 109 expunging DNA records. 110 [10.] 11. When a DNA sample is taken from an individual pursuant to subdivision (2) 111 of subsection 1 of this section and the prosecutor declines prosecution and notifies the 112 arresting agency of that decision, the arresting agency shall notify the Missouri state highway 113 patrol crime laboratory within ninety days of receiving such notification. Within thirty days 114 of being notified by the arresting agency that the prosecutor has declined prosecution, the 115 Missouri state highway patrol crime laboratory shall determine whether the individual has 116 any other qualifying offenses or arrests that would require a DNA sample to be taken and 117 retained. If the individual has no other qualifying offenses or arrests, the crime laboratory 118 shall expunge all DNA records in the database taken at the arrest for which the prosecution 119 was declined pertaining to the person and destroy the DNA sample of such person. 120 [11.] 12. When a DNA sample is taken of an arrestee for any offense listed under 121 subsection 1 of this section and charges are filed: 122 (1) If the charges are later withdrawn, the prosecutor shall notify the state highway 123 patrol crime laboratory that such charges have been withdrawn; 124 (2) If the case is dismissed, the court shall notify the state highway patrol crime 125 laboratory of such dismissal; HB 2868 5
126 (3) If the court finds at the preliminary hearing that there is no probable cause that the 127 defendant committed the offense, the court shall notify the state highway patrol crime 128 laboratory of such finding; 129 (4) If the defendant is found not guilty, the court shall notify the state highway patrol 130 crime laboratory of such verdict. 131 132 If the state highway patrol crime laboratory receives notice under this subsection, such crime 133 laboratory shall determine, within thirty days, whether the individual has any other qualifying 134 offenses or arrests that would require a DNA sample to be taken. If the individual has no 135 other qualifying arrests or offenses, the crime laboratory shall expunge all DNA records in the 136 database pertaining to such person and destroy the person's DNA sample. ✔
Statutes affected: