You asked (1) if bills have been proposed in Connecticut to require DNA samples from convicted felons other than sex offenders and (2) what the laws in other states cover.

SUMMARY

Bills were introduced in the 2001 and 2002 sessions that would have required felons convicted of nonsexual crimes to submit tissue samples for inclusion in the Department of Public Safety's (DPS) forensic laboratory DNA databank. In 2001, the Judiciary Committee favorably reported SB 89, but it died in Appropriations. In 2002, sSB 608 was favorably reported by the Judiciary Committee. The Appropriations Committee favorably reported out a substitute, limiting the bill to available appropriations. Neither chamber took it up before adjournment.

Every state has a law authorizing the establishment of a DNA data base that contains DNA profiles of people convicted of particular crimes. But the states differ in which crimes trigger inclusion in the data base. State, local, and national law enforcement crime laboratories can compare DNA profiles electronically, identifying suspects by matching DNA profiles collected from crime scene evidence with profiles obtained from tissue samples taken from convicted offenders.

CURRENT CONNECTICUT LAW

Currently, people convicted, or acquitted because of insanity, of crimes requiring sex offender registration (specified crimes against minors, non-violent sexual offenses, crimes committed for a sexual purpose, and sexually violent offenses) must submit blood samples to DPS for analysis and inclusion in its DNA data bank (CGS § 54-102g). The law first went into effect in 1994. The legislature expanded the list of qualifying offenses in 1998 and 1999.

Sample Collection

Licensed physicians, qualified lab technicians, registered nurses, or phlebotomists must take the blood samples at the Department of Correction (DOC) receiving unit or some other place designated by the commissioner. They must place the samples in securely sealed and labeled containers and deliver them to the forensic laboratory for analysis and storage.

DNA Data Bank

The laboratory must begin testing samples within 45 days of receiving them. When its analysis is complete, it records identifying characteristics of the person's DNA profile in its data bank. It also keeps secure, confidential records on how it handled the sample and a report of its analysis. It may keep a portion of the sample after testing, but may use it only to create a statistical data base with no individually identifiable information or for retesting to confirm the original results.

By law, it must make analysis results and data bank matches available to federal, state, and local law enforcement officers who provide a sample and ask for a data bank search. The laboratory must verify the officers' identity and confirm the request is made as part of an official criminal investigation. It cannot disclose the existence of data in its bank or identifying information, unless the requestor's sample matches a profile in the bank. Anyone identified and charged with an offense as a result of a data bank search must get a copy of the law enforcement agency's search request if he asks for it.

DNA data bank profiles can be expunged when a person's case is subsequently dismissed or his conviction reversed. For this to happen, he must make a written request and provide a certified copy of the court order reversing or dismissing the case. The laboratory must then purge its records and destroy the sample.

Penalties

It is a class D felony, punishable by one to five years imprisonment, a fine of up to $ 5,000, or both, for someone without legal authority to obtain, or try to obtain a DNA sample from the laboratory for the purpose of having a DNA analysis performed.

It is a class A misdemeanor, punishable by up to one year's imprisonment, a fine of up to $ 2,000, or both, to knowingly disseminate, receive, or use DNA data bank information for a purpose not authorized by law.

PRIOR BILLS

2001 Session - SB 89

Senate Bill 89 mandated DNA testing of perpetrators of 34 violent felonies and inclusion of their genetic profiles in the state's DNA data bank. In addition to the sex offenders currently covered, it required DNA sample submissions for people convicted, or acquitted because of insanity, of:

1. murder (all forms);

2. first- and second-degree manslaughter (all forms);

3. first- and second-degree assault (all forms);

4. first- and second-degree kidnapping (all forms);

5. first-degree unlawful restraint;

6. first-degree burglary;

7. second- and third-degree burglary (if a firearm was used);

8. first- and second-degree arson;

9. first-, second-, and third-degree robbery;

10. assault on a peace officer or other specified person;

11. rioting, or inciting a riot, at a correctional institution;

12. first-degree stalking; and

13. first-degree intimidation based on bigotry or bias.

The bill appropriated $ 517,500 to DPS and $ 35,000 to the DOC to implement the expansion. It authorized the agencies to spend the funds through June 30, 2003.

2002 Session - sSB 608

Within available appropriations, Substitute Senate Bill 608:

1. mandated DNA testing of perpetrators of 23 serious felonies and inclusion of their genetic profiles in the DNA data bank;

2. permitted biological samples other than blood to be collected and used for DNA tests, and extended the current law's civil immunity to people collecting these samples;

3. required the lab to provide its test results to anyone whose sample it analyzed and compared with other samples at the request of a law enforcement official and to keep a record of the law enforcement purpose for the request; and

4. established the DNA Data Bank Oversight Panel comprised of various public officials or their designees.

Covered felonies. The bill added people convicted of the following crimes on and after October 1, 2002, who are sentenced to DOC custody:

1. murder (all forms),

2. first- and second-degree manslaughter (except manslaughter with a motor vehicle),

3. first-and second-degree assault (except assault on a DOC employee and assault with a motor vehicle),

4. first-and second-degree kidnapping (all forms),

5. first- and second-degree burglary (all forms), and

6. first- and second-degree robbery.

DNA Data Bank Oversight Panel. This panel was comprised of the chief state's attorney, who was chairperson, attorney general, and public safety and correction commissioners or their designees. The panel was directed to:

1. devise, review, and update, as necessary, the protocol for collecting, analyzing, storing, and handling blood or other biological samples obtained for DNA analysis;

2. consider legal issues related to obtaining samples and maintaining the data bank; and

3. take other actions to assure the integrity of the data bank, including destroying inappropriately obtained samples and purging records and identifiable information about people inappropriately subjected to DNA testing.

The chief state's attorney was charged with coordinating the agencies responsible for implementing and maintaining the data bank.

OTHER STATES' LAWS

The following table, based on information compiled by Smith Alling Lane, a firm lobbying on behalf of a company that sells DNA testing equipment, shows the qualifying felony offenses in each state's DNA data base law as of October, 2002. It also shows those states that impose testing on juvenile offenders for some offenses.

Table 1: State DNA Data Base Laws:

Qualifying Offenses

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