2022 -- H 7713

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LC005004

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- DNA DETECTION OF SEXUAL AND

VIOLENT OFFENDERS

     Introduced By: Representatives Felix, Kislak, Giraldo, Williams, Slater, Craven, Henries,
McEntee, Caldwell, and Amore

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-1.5-8 of the General Laws in Chapter 12-1.5 entitled "DNA

Detection of Sexual and Violent Offenders" is hereby amended to read as follows:

     12-1.5-8. DNA sample required upon arrest or conviction for any crime of violence.

     (a) Every person arrested for a crime of violence as defined in § 12-1.5-2, who pleads guilty

or nolo contendere, or is convicted of any felony shall have a DNA sample taken for analysis as

follows:

     (1) Every person who is sentenced to a term of confinement to prison, for any crime of

violence as defined in § 12-1.5-2, or any felony shall not be released prior to the expiration of his

or her maximum term of confinement unless and until a DNA sample has been taken;

     (2) Every person convicted of any crime of violence as defined in § 12-1.5-2, or any felony,

or who is sentenced thereon to any term of probation, or whose case is referred to a diversion

program, or upon whose case sentencing is deferred shall have a DNA sample taken for analysis

by the department of the health as a condition of any sentence which disposition will not involve

an intake into prison.

     (b) Every person arrested for any crime of violence as defined in § 12-1.5-2 shall, at the

time of booking, have a DNA sample taken for analysis and included in the Rhode Island DNA

database and DNA databank respectively as required by this chapter and every such person shall

be notified of his or her expungement rights under § 12-1.5-13 at or near the time the DNA sample

is taken.

     (1) The DNA sample shall be submitted by the arresting authority to the department of

health. The department of health shall not test or place the sample in the statewide DNA database

prior to arraignment unless one of the following conditions has been met:

     (i) The arrestee appeared before any judicial officer for an arraignment and the judicial

officer made a finding that there was probable cause for the arrest; or

     (ii) The defendant was released and then failed to appear for the initial hearing, or escaped

custody prior to appearing before a judicial officer.

     (2) If all qualifying criminal charges are determined to be unsupported by probable cause:

     (i) The DNA sample shall be immediately destroyed; and

     (ii) Notice shall be sent by the prosecuting authority to the defendant and counsel of record

for the defendant that the sample was destroyed.

     (3) The arrestee requests or consents to having their DNA sample processed prior to

arraignment for the sole purpose of having the sample checked against a sample that has been

processed from the crime scene or the hospital, and is related to the charges against the person.

     (4) A second DNA sample shall be taken if needed to obtain sufficient DNA for the

statewide DNA database system or if ordered by the court for good cause shown.

     (c) All DNA samples taken pursuant to this section shall be taken in accordance with

regulations promulgated by the department of health.

     (d) The director of the department of health shall promulgate rules and regulations

governing the periodic review of the DNA identification database to determine whether or not the

database contains DNA profiles that should not be in the database, including the steps necessary to

expunge any profiles that the department determines should not be in the database.

     (e) The requirements of this chapter are mandatory. In the event that an arrestee's DNA

sample is not adequate for any reason, the arrestee shall provide another DNA sample for analysis.

     (f) A sample does not need to be collected if the person has previously provided a sample

sufficient for DNA testing pursuant to the provisions of this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- DNA DETECTION OF SEXUAL AND

VIOLENT OFFENDERS

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     This act would remove diversion programs from the list of criminal convictions subject to

mandatory DNA collection.

     This act would take effect upon passage.

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