SB 30 - AS AMENDED BY THE SENATE
5/17/01 0704s
2001 SESSION
04/09
SENATE BILL 30
AN ACT relative to DNA testing of criminal offenders.
This bill expands the existing DNA testing program which requires testing of sexual offenders by including DNA testing of violent criminal offenders who have been convicted of the commission or attempted commission of murder, manslaughter, assault, kidnapping, robbery, or burglary. Testing would also be required for juvenile offenders who have been certified for trial as an adult and who are convicted of the commission or attempted commission of the same violent crimes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5/17/01 0704s
01-0591
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to DNA testing of criminal offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; DNA Testing of Criminal Offenders. Amend RSA by inserting after chapter 651-B the following new chapter:
CHAPTER 651-C
DNA TESTING OF CRIMINAL OFFENDERS
651-C:1 In this chapter:
I. CODIS means the Combined DNA Index System, the FBI's national DNA identification index system.
II. Department means the department of safety.
III. Division means the division of state police, department of safety.
IV. DNA means deoxyribonucleic acid.
V. DNA record means the DNA identification information stored in the state DNA database or CODIS for the purposes of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the objective form of the DNA analysis test and may include numerical representation of DNA fragment lengths, digital images of autoradiographs, discrete allele assignment numbers, and similar characteristics obtained from a DNA sample which are of value in establishing the identity of individuals. A DNA record may not specify the presence, absence, or alteration of any gene or chromosome.
VI. DNA sample means a blood, tissue, or hair follicle sample provided by any person or submitted to the division pursuant to this subdivision for analysis or storage or both.
VII. FBI means the Federal Bureau of Investigation.
VIII. Juvenile sexual offender means a person who has been found delinquent because of actions which, if the person were an adult, would be crimes under subparagraph IX(a).
IX. Sexual offender means a person who has been convicted of any violation of:
(a) RSA 632-A:2, 632-A:3, or 632-A:4; or
(b) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (a).
X. Violent crime means:
(a) Capital murder under RSA 630:1.
(b) First degree or second-degree murder under RSA 630:1-a and 630:1-b, respectively.
(c) Manslaughter under RSA 630:2.
(d) First degree or second degree assault under RSA 631:1 and 631:2, respectively.
(e) Kidnapping under RSA 633:1.
(f) Burglary under RSA 635:1.
(g) Robbery under RSA 636:1.
(h) Attempt of any of the offenses listed in this section.
(i) The commission or attempted commission by a juvenile of any of the offenses listed in this section if such juvenile is certified for trial as an adult under RSA 169-B:24 or 169-B:25.
651-C:2 DNA Analysis Required.
I. Before the release of any sexual offender after conviction, or of any juvenile sexual offender after finding of delinquency, whether on probation, conditional or unconditional release, completion of sentence, or release for any other reason, such person shall have a DNA sample taken for analysis to determine identification characteristics specific to the person.
II. Any person convicted of the commission of a violent crime as defined in RSA 651-C:1, X shall, after conviction, have a DNA sample taken for analysis to determine identification characteristics specific to the person.
III. The analysis shall be performed under the direction of the division, following procedures in conformance with the federal DNA Identification Act of 1994. Identifying characteristics of the resulting DNA profile shall be stored and maintained by the division in a DNA database compatible with the CODIS system. Information in the database shall be made available only as provided in RSA 651-C:3.
IV. The division shall prescribe procedures compatible with the Federal Bureau of Investigation's requirements for the CODIS program, to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and records obtained pursuant to this subdivision.
V. The division may contract with third parties for the purposes of this subdivision. Any DNA sample sent to third parties for analysis shall be coded to maintain confidentiality concerning the donor of the sample.
VI. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts stated in the analysis.
651-C:3 Dissemination of Information in DNA Database.
I. It shall be the duty of the division to receive DNA samples and to analyze, classify, and store the records of DNA samples submitted pursuant to this subdivision, and to make such information available to federal, state, and local law enforcement officers upon request made in furtherance of an official investigation of any criminal offense. Such law enforcement officers shall use such information only for the purposes of criminal investigations and prosecutions, or as necessary to the functions of an office of chief medical examiner. A request may be made by personal contact, mail, or electronic means. The name of the person making the request and the purpose for which the information is requested shall be maintained on file with the division.
II. The commissioner of the department of safety shall adopt rules under RSA 541-A to govern the methods of obtaining information from the state DNA database and CODIS and procedures for verification of the identity and authority of the requester.
III. Upon request, a copy of the request for a search shall be furnished to any person identified and charged with an offense as the result of a search of information in the database. Only when a DNA sample or record supplied by the person making the request satisfactorily matches a profile in the database shall the existence of data in the database be confirmed or identifying information from the database be disseminated.
IV. The division shall create a separate statistical database comprised of DNA records of persons whose identities are unknown. Nothing in this subdivision shall prohibit the department from sharing or otherwise disseminating the information in the statistical database with law enforcement or criminal justice agencies within or without the state.
651-C:4 Unauthorized Dissemination or Use of DNA Database Information; Obtaining DNA Samples Without Authority; Penalties. Any person who, without authority, disseminates information contained in the DNA database shall be guilty of a class B misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to use information in the database, knowing that such dissemination, receipt or use is for a purpose other than as authorized by the provisions of this subdivision, shall be guilty of a class A misdemeanor. Except as authorized by law, any person who, for purposes of having a DNA analysis performed, obtains or attempts to obtain any sample submitted to the forensic science laboratory for analysis shall be guilty of a class B felony.
651-C:5 Expungement of DNA Database Records Upon Reversal or Dismissal of Conviction.
I. A person whose DNA record has been included in the database pursuant to this chapter may request expungement on the grounds that the criminal conviction on which the authority for including such person's DNA record was based has been reversed and the case dismissed. The department shall purge all records and identifiable information in the database pertaining to the person and destroy all samples from the person upon receipt of a written request for expungement pursuant to this section and a certified copy of the court order reversing and dismissing the conviction.
II. The DNA record of any juvenile sexual offender shall be maintained in the database and shall not be automatically expunged from the database upon that individual reaching the age of adulthood.
2 Repeal. RSA 632-A:20 through 632-A:24, relative to DNA testing of sexual offenders, is repealed.
3 Effective Date. This act shall take effect January 1, 2002.