Chapter 211
2022 -- H 7713
Enacted 06/27/2022

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

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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LC005004
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