Connecticut Seal

House Bill No. 5662

Public Act No. 04-188

AN ACT CONCERNING DNA TESTING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-102g of the general statutes, as amended by section 4 of public act 03-242, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Any person who [is] has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and [is] has been sentenced on that conviction to the custody of the Commissioner of Correction shall, prior to release from custody and at such time as the commissioner may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If any person required to submit to the taking of a blood or other biological sample pursuant to this subsection refuses to do so, the Commissioner of Correction or the commissioner's designee shall notify the Department of Public Safety within thirty days of such refusal for the initiation of criminal proceedings against such person.

(b) Any person who is convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony and is not sentenced to a term of confinement shall, as a condition of such sentence and at such time as the sentencing court may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

(c) Any person who [is] has been found not guilty by reason of mental disease or defect pursuant to section 53a-13 of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and is in custody as a result of that finding, shall, prior to discharge from custody in accordance with subsection (e) of section 17a-582, section 17a-588 or subsection (g) of section 17a-593 and at such time as the [superintendent of the hospital for psychiatric disabilities in which such person is confined] Commissioner of Mental Health and Addiction Services or the Commissioner of Mental Retardation with whom such person has been placed may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

(d) Any person who has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and is serving a period of probation or parole, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a), (b) or (c) of this section, shall, prior to discharge from the custody of the Court Support Services Division or the Board of Parole and at such time as said division or board may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

(e) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state or jurisdiction of a felony or of any crime, the essential elements of which are substantially the same as a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, and is in the custody of the Commissioner of Correction, is under the supervision of the Judicial Department or the Board of Parole or is under the jurisdiction of the Psychiatric Security Review Board, shall, prior to discharge from such custody, supervision or jurisdiction submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

[(e)] (f) The analysis shall be performed by the Division of Scientific Services within the Department of Public Safety. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the division in a DNA data bank and shall be made available only as provided in section 54-102j, as amended.

(g) Any person who refuses to submit to the taking of a blood or other biological sample pursuant to this section shall be guilty of a class A misdemeanor.

Sec. 2. Section 54-102h of the general statutes, as amended by section 2 of public act 03-242, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) [Each blood or other biological sample required pursuant to section 54-102g from persons who are to be incarcerated] (1) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (a) of section 54-102g, as amended by this act, shall be the responsibility of the Department of Correction and shall be taken at [the receiving unit or at such other place as is designated] a time and place specified by the Department of Correction.

(2) The [required samples from persons who are not sentenced to a term of confinement] collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (b) of section 54-102g, as amended by this act, shall be the responsibility of the Department of Public Safety and shall be taken at a time and place specified by the sentencing court.

(3) The [required samples from persons who are found not guilty by reason of mental disease or defect pursuant to section 53a-13 and are confined in a hospital for psychiatric disabilities or placed with the Commissioner of Mental Retardation] collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (c) of section 54-102g, as amended by this act, shall be the responsibility of the Commissioner of Mental Health and Addiction Services or the Commissioner of Mental Retardation, as the case may be, and shall be taken at a time and place specified by [the superintendent of such hospital or said commissioner, as the case may be] said commissioner.

(4) The [required samples from persons who are serving periods of probation or parole] collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (d) of section 54-102g, as amended by this act, shall be the responsibility of the Judicial Department if such person is serving a period of probation and of the Board of Parole if such person is serving a period of parole and shall be taken at a time and place specified by the Court Support Services Division or the Board of Parole, as the case may be.

(5) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (e) of section 54-102g, as amended by this act, shall be the responsibility of the agency in whose custody or under whose supervision such person has been placed, and shall be taken at a time and place specified by such agency.

(b) Only a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, a registered nurse or a phlebotomist shall take any blood sample to be submitted to analysis.

(c) No civil liability shall attach to any person authorized to take a blood or other biological sample as provided in this section as a result of the act of taking such sample from any person submitting thereto, if the blood or other biological sample was taken according to recognized medical procedures, provided no person shall be relieved from liability for negligence in the taking of any such sample.

[(b)] (d) Chemically clean sterile disposable needles and vacuum draw tubes shall be used for all blood samples. The tube or container for a blood or other biological sample shall be sealed and labeled with the subject's name, Social Security number, date of birth, race and gender, the name of the person collecting the sample, and the date and place of collection. The tube or container shall be secured to prevent tampering with the contents.

[(c)] (e) The steps set forth in this section relating to the taking, handling, identification and disposition of blood or other biological samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the Division of Scientific Services within the Department of Public Safety not more than fifteen days following their collection and shall be analyzed and stored in the DNA data bank in accordance with sections 54-102i, as amended, and 54-102j, as amended.

Sec. 3. Subsection (c) of section 5 of public act 03-242 is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(c) The panel shall meet on a quarterly basis and shall maintain records of its meetings. Such records shall be retained by the chairperson. The meetings and records of the panel shall be subject to the provisions of the Freedom of Information Act, as defined in section 1-200, except that discussions and records of personally identifiable DNA information contained in the data bank shall be confidential and not subject to disclosure pursuant to the Freedom of Information Act.

Sec. 4. Subdivision (3) of section 54-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(3) "Identifying factors" means fingerprints, a photographic image, and a description of any other identifying characteristics as may be required by the Commissioner of Public Safety. The commissioner shall also require a sample of the registrant's blood or other biological sample be taken for DNA (deoxyribonucleic acid) analysis, unless such sample has been previously obtained in accordance with section 54-102g, as amended by this act.

Approved June 3, 2004