HOUSE DOCKET, NO. 736        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2342

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Natalie M. Higgins and Bradley H. Jones, Jr.

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to lawfully owed DNA.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Natalie M. Higgins

4th Worcester

1/17/2023

Bradley H. Jones, Jr.

20th Middlesex

1/17/2023

Adam Scanlon

14th Bristol

1/23/2023

Kathleen R. LaNatra

12th Plymouth

1/24/2023

Lindsay N. Sabadosa

1st Hampshire

1/24/2023

Andres X. Vargas

3rd Essex

1/24/2023

Susannah M. Whipps

2nd Franklin

1/24/2023

Tram T. Nguyen

18th Essex

1/25/2023

Jack Patrick Lewis

7th Middlesex

1/26/2023

James K. Hawkins

2nd Bristol

1/27/2023

Christine P. Barber

34th Middlesex

1/30/2023

Sally P. Kerans

13th Essex

2/6/2023

Steven George Xiarhos

5th Barnstable

2/8/2023

Tricia Farley-Bouvier

2nd Berkshire

2/8/2023

Samantha Montaño

15th Suffolk

2/17/2023

Kimberly N. Ferguson

1st Worcester

2/17/2023

Hannah Kane

11th Worcester

2/17/2023


HOUSE DOCKET, NO. 736        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2342

By Representatives Higgins of Leominster and Jones of North Reading, a petition (accompanied by bill, House, No. 2342) of Natalie M. Higgins, Bradley H. Jones, Jr., and others that the crime laboratory within the Department of the State Police conduct an audit of offender DNA profiles included on the state DNA databank system.  Public Safety and Homeland Security.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act relative to lawfully owed DNA.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The crime laboratory within the department of the state police shall conduct an audit of offender DNA profiles included on the state DNA databank system in order to identify the number DNA profiles that are missing from the databank which should have been collected under section 3 of chapter 22E of the General Laws. The crime laboratory shall support this effort as necessary to comply with report deadlines. 

The audit shall initiate with offender DNA samples that were required to be collected under section 3 of chapter 22E of the General Laws. The audit shall include those offenders who would have been covered under retroactive provisions of the law that require DNA samples from persons, regardless of conviction date, as the statute provides.

A preliminary report including the overall number of estimated owed DNA samples shall be reported to the legislature promptly upon completion of the initial audit, due to the significant risk to public safety of any failed collections.  The preliminary report should be provided without delay, and no later than ninety days after enactment or December 15, 2023, whichever is soonest.

A final report to further include additional details on types of offenses for which DNA samples are owed, and an overview of where collection failures occurred shall be submitted no later than December 15, 2023.  Thereafter, an annual audit shall be completed and reported to the Legislature no later than December 15 of each year.