Amendment #576 to H3900

Lawfully Owed DNA

Representatives Higgins of Leominster and Jones of North Reading moves to amend the bill by adding the following sections:

“Section XXXX. 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 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. 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.

Section XXXX. Section 3 of chapter 22E of the General Laws, as so appearing, is amended by inserting in subsection (a) after “released from a correctional facility” the following:-- “or from a courthouse”.”

Additional co-sponsor(s) added to Amendment #576 to H3900

Lawfully Owed DNA