Amendment ID: S2185-36-R1

Redraft Amendment 36

Expansion of the state DNA database

Messrs. Tarr, O'Connor and Ross move to amend the bill by inserting after section 6 the following 8 sections:-

“SECTION 6A. Chapter 22E of the General Laws is hereby amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. (a) A person who is convicted of an offense that is punishable by imprisonment in the state prison and a person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult shall submit a DNA sample to the department not more than 6 months after the conviction or adjudication or, if incarcerated, within the first 6 months of the incarceration or before release from custody, whichever occurs first.

(b) A person who is arrested by virtue of process or is taken into custody by an officer and charged with the commission of an offense: (i) listed in clause (i) of subsection (b) of section 25 of chapter 279; or (ii) under section 17 or section 18 of chapter 266, and who upon arrest has been arraigned pursuant to the applicable court rules under the Massachusetts Rules of Criminal Procedure, shall submit a DNA sample to the department.

(c) The trial court and probation department shall work in conjunction with the director to establish and implement a system for the electronic notification to the department whenever a person is required to submit a DNA sample under this section. The sample shall be collected by a person authorized under section 4 of this chapter subsequent to arraignment, in accordance with regulations or procedures established by the director. The results of the sample shall be made part of the state DNA database. If the department is unable to complete DNA analysis on a sample provided pursuant to this section or any sample so provided fails to yield a DNA record, the person required to submit a DNA sample pursuant to this section shall, not more than 6 months after notice from the director, submit additional DNA samples until DNA analysis is completed and results in the production of a DNA record. The submission of such a DNA sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post conviction motion or petition.

SECTION 6B. Said chapter 22E is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-

Section 5. The department shall provide all collection materials, labels and instructions for the collection of DNA samples pursuant to this chapter.

SECTION 6C. Said chapter 22E is hereby further amended by striking out section 11, as so appearing, and inserting in place thereof the following section:-

Section 11. A person required to provide a DNA sample pursuant to this chapter and who, after notice, willfully fails to provide such a DNA sample or the additional DNA samples required by section 3 shall be subject to punishment by a fine of not more than $2,000 or imprisonment in a jail or house of correction for not more than 6 months or both.

SECTION 6D. Section 12 of said chapter 22E, as so appearing, is hereby amended by striking out, in line 7, the figure “$1,000” and inserting in place thereof the following figure:- $2,000.

SECTION 6E. Said section 12 of said chapter 22E, as so appearing, is hereby further amended by striking out, in line 8, the words “six months” and inserting in place thereof the following words:- 1 year.

SECTION 6F. Section 13 of said chapter 22E, as so appearing, is hereby amended by striking out, in line 4, the figure “$1,000” and inserting in its place thereof the following figure:- $2,000.

SECTION 6G. Said section 13 of said chapter 22E, as so appearing, is hereby further amended by striking out, in line 5, the words “six months” and inserting in place thereof the following words:- 1 year.

SECTION 6H. Section 15 of said chapter 22E, as so appearing, is hereby amended by adding the following 4paragraphs:-

The department shall destroy the DNA sample and any records of a person related to the sample that were taken in connection with a particular alleged designated crime if the sample was collected post-arraignment under subsection (b) of section 3 and any of the following occurs: (i) the felony charge that required the DNA sample is downgraded to a misdemeanor by the prosecuting attorney upon a plea agreement or the person is convicted of a lesser offense that is a misdemeanor other than an offense that constitutes “abuse” as defined in section 1 of chapter 209A or a sex offense for which registration is required pursuant to sections 178C to 178P, inclusive, of chapter 6; (ii) the person is acquitted after a trial of the charges that required the taking of the DNA sample; or (iii) the charges that required the taking of the DNA sample are dismissed by either the court or the commonwealth after arraignment unless good cause is shown as to why the sample should not be destroyed.

If the person has more than 1 entry in the state DNA database, CODIS or the state DNA data bank, only the entry related to the dismissed case shall be deleted.

The trial court and probation department shall work in conjunction with the director to establish and implement a system for the electronic notification to the department whenever a DNA sample is required to be destroyed pursuant to this section. The department shall notify the person upon destroying the DNA sample and completing its responsibilities under this subsection.

If a DNA sample is matched to another DNA sample during the course of a criminal investigation, the record of the match shall not be expunged even if the sample itself is expunged in accordance with this section.”.