| HB 1108 - DNA samples; certain offenses; collection; analysis; storage |
First Reader Summary
A BILL to amend Article 4 of Chapter 4 of Title 24 of the
Official Code of Georgia Annotated, relating to DNA analysis upon
conviction of certain sex offenses, so as to authorize that, in
addition to blood samples, oral swabs or a sample obtained from a
noninvasive procedure may be taken for DNA analysis to determine
identification characteristics specific to the person; and for
other purposes.
HB 1108 LC 10 2991
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 4 of Chapter 4 of Title 24 of the Official
1- 2 Code of Georgia Annotated, relating to DNA (deoxyribonucleic
1- 3 acid) analysis upon conviction of certain sex offenses, so
1- 4 as to authorize that, in addition to blood samples, oral
1- 5 swabs or a sample obtained from a noninvasive procedure may
1- 6 be taken for DNA analysis to determine identification
1- 7 characteristics specific to the person; to provide that laws
1- 8 applicable to DNA analysis with respect to sex offenders
1- 9 shall apply to persons who are convicted of certain other
1-10 crimes to the extent funds are appropriated or otherwise
1-11 available for such purposes; to provide that laws applicable
1-12 to DNA analysis with respect to persons who commit certain
1-13 offenses in this state shall also apply to any person who
1-14 has been convicted of any of the qualifying offenses listed
1-15 in this Act in another state and who currently is
1-16 incarcerated in a state correctional facility or serving
1-17 probation in this state for such offense; to change the
1-18 provisions relating to time and procedure for withdrawal or
1-19 extraction of samples; to provide that the Division of
1-20 Forensic Sciences of the Georgia Bureau of Investigation
1-21 shall publish in its quality manuals the procedures for the
1-22 collection and transfer of samples to such division pursuant
1-23 to Code Section 35-3-154; to provide that personnel at a
1-24 Department of Corrections facility shall implement the
1-25 provisions of this Act as part of the regular processing of
1-26 offenders; to provide that only a correctional health nurse
1-27 technician, physician, registered professional nurse,
1-28 licensed practical nurse, graduate laboratory technician, or
1-29 phlebotomist shall withdraw any sample of blood to be
1-30 submitted for analysis; to provide under certain
1-31 circumstances for a limitation on civil liability with
1-32 respect to the taking of samples; to change the provisions
1-33 relating to procedures for analysis and storage of samples
1-34 and for the use of remainder of samples not subjected to
1-35 analysis; to change the provisions relating to dissemination
1-36 of information in the DNA data bank to law enforcement
1-37 officials; to provide that the name of a convicted offender
-1-
2- 1 whose profile is contained in the data bank may be related
2- 2 to any other data bases which are constructed for law
2- 3 enforcement purposes and may be disseminated only for law
2- 4 enforcement purposes; to provide that the Georgia Bureau of
2- 5 Investigation may create a separate statistical data base
2- 6 comprised of DNA profiles of samples of persons whose
2- 7 identity is unknown; to change the provisions relating to
2- 8 expungement of a profile in the data bank upon reversal and
2- 9 dismissal of conviction; to repeal conflicting laws; and for
2-10 other purposes.
2-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2-12 SECTION 1.
2-13 Article 4 of Chapter 4 of Title 24 of the Official Code of
2-14 Georgia Annotated, relating to DNA (deoxyribonucleic acid)
2-15 analysis upon conviction of certain sex offenses, is amended
2-16 by striking in its entirety Code Section 24-4-60, relating
2-17 to requirement for DNA analysis of blood of persons
2-18 convicted of certain sex offenses, and inserting in lieu
2-19 thereof a new Code Section 24-4-60 to read as follows:
2-20 "24-4-60.
2-21 Any person convicted of a criminal offense defined in Code
2-22 Section 16-6-1, relating to the offense of rape; Code
2-23 Section 16-6-2, relating to the offense of sodomy or
2-24 aggravated sodomy; Code Section 16-6-3, relating to the
2-25 offense of statutory rape; Code Section 16-6-4, relating
2-26 to the offense of child molestation or aggravated child
2-27 molestation; Code Section 16-6-5, relating to the offense
2-28 of enticing a child for indecent purposes; Code Section
2-29 16-6-5.1, relating to the offense of sexual assault
2-30 against persons in custody, sexual assault against a
2-31 person detained or a patient in a hospital or other
2-32 institution, or sexual assault by a practitioner of
2-33 psychotherapy against a patient; Code Section 16-6-6,
2-34 relating to the offense of bestiality; Code Section
2-35 16-6-7, relating to the offense of necrophilia; or Code
2-36 Section 16-6-22, relating to the offense of incest; shall
2-37 have a sample of his or her blood, an oral swab, or a
2-38 sample obtained from a noninvasive procedure taken for DNA
2-39 (deoxyribonucleic acid) analysis to determine
2-40 identification characteristics specific to the person. In
2-41 addition, and subject to funds being appropriated or
2-42 otherwise available for such purpose, any person convicted
2-43 of a criminal offense defined in Code Section 16-5-1,
-2-
3- 1 relating to the offense of murder or felony murder; Code
3- 2 Section 16-5-21, relating to the offense of aggravated
3- 3 assault; Code Section 16-5-23.1, relating to the offense
3- 4 of battery; Code Section 16-5-24, relating to the offense
3- 5 of aggravated battery; Code Section 16-5-40, relating to
3- 6 the offense of kidnapping; Code Section 16-5-44.1,
3- 7 relating to the offense of hijacking a motor vehicle; Code
3- 8 Section 16-6-22.1, relating to the offense of sexual
3- 9 battery. Code Section 16-6-22.2, relating to the offense
3-10 of aggravated sexual battery; Code Section 16-7-1,
3-11 relating to the offense of burglary; Code Section 16-8-40,
3-12 relating to the offense of robbery; and Code Section
3-13 16-8-41, relating to the offense of armed robbery; shall
3-14 have a sample of his or her blood, an oral swab, or a
3-15 sample obtained from a noninvasive procedure taken for DNA
3-16 (deoxyribonucleic acid) analysis to determine
3-17 identification characteristics specific to the person.
3-18 The provisions and requirements of this Code section shall
3-19 also apply to any person who has been convicted of any of
3-20 the above qualifying offenses in another state and who
3-21 currently is incarcerated in a state correctional facility
3-22 or serving probation in this state for such offense. The
3-23 analysis shall be performed by the Division of Forensic
3-24 Sciences of the Georgia Bureau of Investigation. The
3-25 division shall be authorized to contract with individuals
3-26 or organizations for services to perform such analysis.
3-27 The identification characteristics of the profile
3-28 resulting from the DNA analysis shall be stored and
3-29 maintained by the bureau in a DNA data bank and shall be
3-30 made available only as provided in Code Section 24-4-63."
3-31 SECTION 2.
3-32 Said article is further amended by striking in its entirety
3-33 Code Section 24-4-61, relating to the time and procedure for
3-34 withdrawal of blood samples, and inserting in lieu thereof a
3-35 new Code Section 24-4-61 to read as follows:
3-36 "24-4-61.
3-37 (a) Each sample required pursuant to Code Section 24-4-60
3-38 from persons who are to be incarcerated shall be withdrawn
3-39 within the first 30 days of incarceration at the receiving
3-40 unit or at such other place as is designated by the
3-41 Department of Corrections. The required samples from
3-42 persons who are not sentenced to a term of confinement
3-43 shall be withdrawn as a condition of probation at a time
3-44 and place specified by the sentencing court. The Division
-3-
4- 1 of Forensic Sciences of the Georgia Bureau of
4- 2 Investigation shall publish in its quality manuals the
4- 3 procedures for the collection and transfer of samples to
4- 4 such division pursuant to Code Section 35-3-154. Personnel
4- 5 at a Department of Corrections facility shall implement
4- 6 the provisions of this Code section as part of the regular
4- 7 processing of offenders.
4- 8 (b) Samples collected by oral swab or by a noninvasive
4- 9 procedure may be collected by any individual who has been
4-10 trained in the procedure. Only a correctional health nurse
4-11 technician, physician, registered professional nurse,
4-12 licensed practical nurse, graduate laboratory technician,
4-13 or phlebotomist shall withdraw any sample of blood to be
4-14 submitted for analysis. No civil liability shall attach
4-15 to any person authorized to withdraw blood take a sample
4-16 as provided in this article as a result of the act of
4-17 withdrawing blood taking a sample from any person
4-18 submitting thereto, provided the blood sample was
4-19 withdrawn taken according to recognized medical medically
4-20 accepted procedures. However, no person shall be relieved
4-21 from liability for negligence in the withdrawing of any
4-22 blood sample.
4-23 (b)(c) Chemically clean sterile disposable needles and
4-24 vacuum draw tubes shall be used for the withdrawal of all
4-25 samples of blood. The containers tube for blood samples,
4-26 oral swabs, and the samples obtained by noninvasive
4-27 procedures shall be sealed and labeled with the subject's
4-28 name, social security number, date of birth, race, and
4-29 gender plus the name of the person collecting the sample
4-30 and the date and place of collection. The containers tubes
4-31 shall be secured to prevent tampering with the contents.
4-32 The steps set forth in this subsection relating to the
4-33 taking, handling, identification, and disposition of blood
4-34 samples are procedural and not substantive. Substantial
4-35 compliance therewith shall be deemed to be sufficient. The
4-36 samples shall be transported to the Division of Forensic
4-37 Sciences not more than 15 days following withdrawal and
4-38 shall be analyzed and stored in the DNA data bank in
4-39 accordance with Code Sections 24-4-62 and 24-4-63."
4-40 SECTION 3.
4-41 Said article is further amended by striking in its entirety
4-42 Code Section 24-4-62, relating to the procedure for analysis
4-43 and storage of blood samples, and inserting in lieu thereof
4-44 a new Code Section 24-4-62 to read as follows:
-4-
5- 1 "24-4-62.
5- 2 Whether or not the results of an analysis are to be
5- 3 included in the data bank, the bureau shall conduct the
5- 4 DNA analysis in accordance with procedures adopted by the
5- 5 bureau to determine identification characteristics
5- 6 specific to the individual whose sample is being analyzed.
5- 7 The director of the Georgia Bureau of Investigation or his
5- 8 or her designated representative shall complete and
5- 9 maintain on file a form indicating the name of the person
5-10 whose sample is to be analyzed, the date and by whom the
5-11 blood sample was received and examined, and a statement
5-12 that the seal on the tube container containing the sample
5-13 had not been broken or otherwise tampered with. The
5-14 remainder of a blood sample submitted for analysis and
5-15 inclusion in the data bank pursuant to Code Section
5-16 24-4-60 may be divided, if possible, labeled as provided
5-17 for the original sample, and securely stored by the bureau
5-18 in accordance with specific procedures of the bureau to
5-19 ensure the integrity and confidentiality of the samples.
5-20 All or part of the remainder of that sample may be used
5-21 only to create a statistical data base provided no
5-22 identifying information on the individual whose sample is
5-23 being analyzed is included or for retesting by the bureau
5-24 to validate or update the original analysis. A report of
5-25 the results of a DNA analysis conducted by the bureau as
5-26 authorized, including the identifying information, shall
5-27 be made and maintained at the bureau. Except as
5-28 specifically provided in this Code section and Code
5-29 Section 24-4-63, the results of the analysis shall be
5-30 securely stored and shall remain confidential."
5-31 SECTION 4.
5-32 Said article is further amended by striking in its entirety
5-33 Code Section 24-4-63, relating to dissemination of
5-34 information in the data bank to law enforcement officials,
5-35 and inserting in lieu thereof a new Code Section 24-4-63 to
5-36 read as follows:
5-37 "24-4-63.
5-38 (a) It shall be the duty of the bureau to receive blood
5-39 samples and to analyze, classify, and file the results of
5-40 DNA identification characteristics profiles of blood
5-41 samples submitted pursuant to Code Section 24-4-60 and to
5-42 make such information available as provided in this Code
5-43 section. The results of an analysis and comparison of the
-5-
6- 1 identification of the characteristics from two or more
6- 2 biological samples shall be made available directly to
6- 3 federal, state, and local law enforcement officers upon a
6- 4 request made in furtherance of an official investigation
6- 5 of any criminal offense. A request may be made by
6- 6 personal contact, mail, or electronic means. The name of
6- 7 the requestor and the purpose for which the information is
6- 8 requested shall be maintained on file with the bureau.
6- 9 (b)(1) Upon his or her request, a copy of the request
6-10 for search shall be furnished to any person identified
6-11 and charged with an offense as the result of a search of
6-12 information in the data bank. Only when a sample or DNA
6-13 profile supplied by the requestor satisfactorily matches
6-14 the requestor's profile in the data bank shall the
6-15 existence of data in the data bank be confirmed or
6-16 identifying information from the data bank be
6-17 disseminated.
6-18 (2) The name of the convicted offender whose profile is
6-19 contained in the data bank may be related to any other
6-20 data bases which are constructed for law enforcement
6-21 purposes and may be disseminated only for law
6-22 enforcement purposes.
6-23 (c) The bureau shall develop procedures governing the
6-24 methods of obtaining information from the data bank in
6-25 accordance with this Code section and procedures for
6-26 verification of the identify and authority of the
6-27 requestor. The bureau shall specify the positions in that
6-28 agency which require regular access to the data bank and
6-29 sample samples submitted as a necessary function of the
6-30 job.
6-31 (d) The bureau may create a separate statistical data base
6-32 comprised of DNA profiles of blood samples of persons
6-33 whose identity is unknown. Nothing in this Code section
6-34 or Code Section 24-4-64 shall prohibit the bureau from
6-35 sharing or otherwise disseminating the information in the
6-36 statistical data base with law enforcement or criminal
6-37 justice agencies within or outside the state.
6-38 (e) The bureau may charge a reasonable fee to search and
6-39 provide a comparative analysis of DNA profiles in the data
6-40 bank to any authorized law enforcement agency outside of
6-41 the state."
-6-
7- 1 SECTION 5.
7- 2 Said article is further amended by striking in its entirety
7- 3 Code Section 24-4-65, relating to expungement of profile in
7- 4 data bank upon reversal and dismissal of conviction, and
7- 5 inserting in lieu thereof a new Code Section 24-4-65 to read
7- 6 as follows:
7- 7 "24-4-65.
7- 8 A person whose DNA profile has been included in the data
7- 9 bank pursuant to this article may request that it be
7-10 expunged on the grounds that the felony conviction on
7-11 which the authority for including his or her DNA profile
7-12 was based has been reversed and the case dismissed. The
7-13 bureau shall purge all records and identifiable
7-14 information in the data bank pertaining to the person and
7-15 destroy all samples from the person upon receipt of a
7-16 written request that such data be expunged, pursuant to
7-17 this Code section, and a certified copy of the court order
7-18 reversing and dismissing the conviction."
7-19 SECTION 6.
7-20 All laws and parts of laws in conflict with this Act are
7-21 repealed.
-7-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 12/28/99
