08 SB
430/HRCSFA
HOUSE
SUBSTITUTE TO SENATE BILL 430
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating
to dissemination of DNA information in data bank to law enforcement officials,
request for search, separate statistical data base authorized, and fee for
search and comparative analysis, so as to provide that the Georgia Bureau of
Investigation may compare such information to samples collected from evidentiary
materials; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 24-4-63 of the Official Code of Georgia Annotated, relating to
dissemination of DNA information in data bank to law enforcement officials,
request for search, separate statistical data base authorized, and fee for
search and comparative analysis, is amended by adding a new subsection to read
as follows:
"(a.1)
The bureau may compare a DNA profile obtained from the analysis of a sample
lawfully obtained from a suspect who has been arrested for a felony offense to
DNA profiles obtained from samples collected from evidentiary materials. A
suspect whose DNA profile is obtained pursuant to this subsection and who
was:
(1)
Arrested for an offense under the laws of this state but subsequent to such
arrest is released by the arresting agency without such offense being referred
to the prosecuting attorney for prosecution;
(2)
After such offense referred to the proper prosecuting attorney, and the
prosecuting attorney dismisses the charges without seeking an indictment or
filing an accusation;
(3)
Found not guilty of the charges by a judge or jury; or
(4)
Convicted of an offense, but such conviction was reversed by an appellate court,
which decision has been made final, and the prosecuting attorney has elected not
to pursue the charges further may request, in writing, the bureau to remove the
suspect´s DNA profile from the data base if it is not otherwise lawfully
within such data base. Such request shall be in such form as the bureau shall
prescribe. The prosecuting attorney shall notify the bureau of the disposition
of charges as provided in paragraphs (2) through (4) of this subsection and the
arresting agency shall notify the bureau of the disposition of charges as
provided in paragraph (1) of this subsection. The bureau shall remove the
suspect´s DNA profile upon receipt of notification by the appropriate
authority and request by the suspect.
(a.2)
Nothing in this code section shall prevent a DNA sample to be obtained pursuant
to a lawfully obtained search warrant."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.