HB 1094 -- DNA Profiling System

Sponsor:  Mayer

This bill makes several changes in the laws governing the
collection of DNA evidence.  The bill:

(1)  Clarifies that forensic DNA analysis is admissible in any
criminal proceeding to prove any relevant fact;

(2)  Allows the state's DNA profiling system to be used to
investigate any crime.  Current law limits its use to
investigating violent or sex-related crimes;

(3)  Clarifies that the Department of Corrections may have DNA
samples collected by a contracted third party;

(4)  Requires a DNA sample to be collected from every person
convicted of a felony or any offense in Chapter 566, RSMo (sex
crimes).  Current law does not require collection for some
offenses in Chapter 566 or for nonviolent offenses;

(5)  Clarifies that a DNA sample must be collected upon release
from any correctional facility, including a mental health
facility;

(6)  Makes the acceptance of an offender from another state under
any interstate compact conditioned upon the collection of a DNA
sample when the offender has been convicted of an offense which
would require a sample if committed in Missouri;

(7)  Prohibits the early release of any offender until the
offender has provided a DNA sample;

(8)  Requires an offender to provide another DNA sample if the
offender's DNA sample is not adequate for any reason;

(9)  Prohibits courts from excluding evidence or setting aside
any warrant or conviction that is based upon a DNA sample that
was obtained or placed in the database by mistake;

(10)  Establishes the DNA Database Fund to be administered by the
Department of Public Safety and requires a $160 fee to be
assessed on all offenders required to provide a DNA sample.  The
fund will be used to provide for the ongoing operation of the
state and local DNA index systems;

(11)  Makes all DNA records and biological materials confidential
and allows them to be disclosed only to government employees for
the performance of their public duties;

(12)  Limits the use of records from the DNA profiling system to
criminal investigations and proceedings and for law enforcement's
identification purposes;

(13)  Allows an individual whose criminal case was dismissed or
conviction reversed to request the court to order his or her DNA
record expunged;

(14)  Requires the State Highway Patrol's crime lab to expunge
all DNA records of an individual upon receipt of a certified copy
of the final court order reversing a conviction, as long as the
person is not otherwise required to submit a DNA sample;

(15)  Allows the patrol to refuse to expunge any physical
evidence obtained from a DNA sample if evidence relating to
another person would thereby be destroyed; and

(16)  Prohibits courts from excluding evidence or setting aside
any warrant or conviction due to a failure to expunge, or a delay
in expunging, DNA records.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am