07 LC 29
2783S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
314:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating
to requirement for DNA analysis of blood of persons convicted of certain sex
offenses or convicted of a felony and incarcerated in a state correctional
facility, so as to provide for DNA analysis of persons convicted of certain
felonies and sexual offenses who are placed on probation; to provide for an
effective date; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 24-4-60 of the Official Code of Georgia Annotated, relating to
requirement for DNA analysis of blood of persons convicted of certain sex
offenses or convicted of a felony and incarcerated in a state correctional
facility, is revised as follows:
"24-4-60.
(a)
As used in
subsection (b)
of this Code section, the term 'state
correctional facility' means a penal institution under the jurisdiction of the
Department of Corrections, including inmate work camps and inmate boot camps;
provided, however, that such term shall not include a probation detention
center, probation diversion center, or probation boot camp under the
jurisdiction of the Department of Corrections.
(b)
Any person convicted of a criminal offense defined in Code Section 16-6-1,
relating to the offense of rape; Code Section 16-6-2, relating to the offense of
sodomy or aggravated sodomy; Code Section 16-6-3, relating to the offense of
statutory rape; Code Section 16-6-4, relating to the offense of child
molestation or aggravated child molestation; Code Section 16-6-5, relating to
the offense of enticing a child for indecent purposes; Code Section 16-6-5.1,
relating to the offense of sexual assault against persons in custody, sexual
assault against a person detained or a patient in a hospital or other
institution, or sexual assault by a practitioner of psychotherapy against a
patient; Code Section 16-6-6, relating to the offense of bestiality; Code
Section 16-6-7, relating to the offense of necrophilia; or Code Section 16-6-22,
relating to the offense of incest, shall have a sample of his or her blood, an
oral swab, or a sample obtained from a noninvasive procedure taken for DNA
(deoxyribonucleic acid) analysis to determine identification characteristics
specific to the person. In addition, on and after July 1, 2000, any person
convicted of a felony and incarcerated in a state correctional facility shall at
the time of entering the prison system have a sample of his or her blood, an
oral swab, or a sample obtained from a noninvasive procedure taken for DNA
(deoxyribonucleic acid) analysis to determine identification characteristics
specific to the person. The provisions and requirements of this Code section
shall also apply to any person who has been convicted of a felony prior to July
1, 2000, and who currently is incarcerated in a state correctional facility in
this state for such offense. The provisions and requirements of this Code
section shall also apply to any person who has been convicted of a felony in
this state on or after July 1, 2000, and who is incarcerated in a private
correctional facility in this state for such offense pursuant to a contract with
the Department of Corrections upon entering the facility, and for any person
convicted of a felony prior to July 1, 2000, and who is incarcerated in a
private correctional facility in this state pursuant to contract with the
Department of Corrections. The analysis shall be performed by the Division of
Forensic Sciences of the Georgia Bureau of Investigation. The division shall be
authorized to contract with individuals or organizations for services to perform
such analysis. The identification characteristics of the profile resulting from
the DNA analysis shall be stored and maintained by the bureau in a DNA data bank
and shall be made available only as provided in Code Section
24-4-63.
(c)(1)
On and after July 1, 2007, any person who is placed on probation shall have a
sample of his or her blood, an oral swab, or a sample obtained from a
noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to
determine identification characteristics specific to the person if such person
is convicted of a felony violation of any of the following:
(A)
Chapter 5 of Title 16, relating to crimes against persons;
(B)
Code Section 16-6-1, relating to the offense of rape;
(C)
Code Section 16-6-2, relating to the offense of sodomy or aggravated
sodomy;
(D)
Code Section 16-6-3, relating to the offense of statutory rape;
(E)
Code Section 16-6-4, relating to the offense of child molestation or aggravated
child molestation;
(F)
Code Section 16-6-5, relating to the offense of enticing a child for indecent
purposes;
(G)
Code Section 16-6-5.1, relating to the offense of sexual assault against persons
in custody, sexual assault against a person detained or a patient in a hospital
or other institution, or sexual assault by a practitioner of psychotherapy
against a patient;
(H)
Code Section 16-6-6, relating to the offense of bestiality;
(I)
Code Section 16-6-7, relating to the offense of necrophilia;
(J)
Code Section 16-6-22, relating to the offense of incest;
(K)
Code Section 16-7-1, relating to the offense of burglary;
(L)
Code Section 16-8-40, relating to the offense of robbery;
(M)
Code Section 16-8-41, relating to the offense of armed robbery;
(N)
Code Section 16-10-23, relating to the offense of impersonating an
officer;
(O)
Code Section 16-10-24, relating to the offense of obstruction of an
officer;
(P)
Article 4 of Chapter 11 of Title 16, relating to dangerous instrumentalities and
practices; and
(Q)
Chapter 13 of Title 16, relating to controlled substances.
(2)
The analysis shall be performed by the Division of Forensic Sciences of the
Georgia Bureau of Investigation. The division shall be authorized to contract
with individuals or organizations for services to perform such analysis. The
identification characteristics of the profile resulting from the DNA analysis
shall be stored and maintained by the bureau in a DNA data bank and shall be
made available only as provided in Code Section 24-4-63. The Department of
Corrections shall be responsible for collecting such
sample."
SECTION
2.
This
Act shall become effective on July 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.