2023 -- H 5435

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LC001435

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- DNA DETECTION OF SEXUAL AND

VIOLENT OFFENDERS

     

     Introduced By: Representatives Edwards, Diaz, Ackerman, Cortvriend, Kislak, Knight,
Kazarian, Alzate, Baginski, and Potter

     Date Introduced: February 08, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 12-1.5 of the General Laws entitled "DNA Detection of Sexual and

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Violent Offenders" is hereby amended by adding thereto the following section:

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     12-1.5-19. DNA offender audit.

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     (a) The crime laboratory pursuant to chapter 1.2 of title 12 shall conduct an audit of

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offender DNA profiles included on the state DNA databank pursuant to chapter 1.5 of title 12 in

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order to identify the number of DNA profiles that are missing from the databank which should have

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been collected pursuant to chapter 1.5 of title 12. The crime laboratory shall support this effort as

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necessary to comply with report deadlines.

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     (b) The audit shall initiate with offender DNA samples that were required to be collected

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under chapter 1.5 of title 12, and shall include all samples required pursuant to ยง 12-1.5-7.

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     (c) A preliminary report including the overall number of estimated owed DNA samples

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shall be reported to the general assembly promptly upon completion of the initial audit, due to the

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significant risk to public safety of any failed collections. The preliminary report should be provided

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without delay, and no later than ninety (90) days after the enactment of this section or December

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15, 2023, whichever is soonest.

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     (d) A final report to further include additional details on types of offenses for which DNA

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samples are owed, and an overview of where collection failures occurred shall be submitted no

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later than December 15, 2023. Thereafter, an annual audit shall be completed and reported to the

 

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general assembly no later than December 15 of each year.

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     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 require the state crime laboratory to conduct an audit of DNA samples in

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the DNA databank to ascertain the rate of compliance with DNA recording requirements.

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     This act would take effect upon passage.

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