February 26, 1999




SENATE BILL No. 71

_____


DIGEST OF SB 71 (Updated February 24, 1999 4:13 pm - DI 51)



Citations Affected: IC 10-1.

Synopsis: DNA data bank. Requires a person arrested for burglary or an offense against the person to submit a DNA sample for inclusion in the Indiana DNA data base. Increases the penalty for misuse of DNA information from a Class A misdemeanor to a Class D felony. Allows expungement of the DNA profile if a court grants a petition to expunge the person's arrest record.

Effective: July 1, 1999.



Bray, Zakas, Meeks C, Alexa


    January 6, 1999, read first time and referred to Committee on Rules and Legislative Procedure.
    January 26, 1999, amended; reassigned to Committee on Judiciary.
    February 25, 1999, amended, reported favorably _ Do Pass.






February 26, 1999

First Regular Session 111th General Assembly (1999)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 71


    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 10-1-9-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]: Sec. 8. (a) The superintendent is authorized to establish a data base of DNA identification records for arrested and convicted criminals, crime scene specimens, unidentified missing persons, and close biological relatives of missing persons.
    (b) The superintendent shall maintain the Indiana DNA data base.
    (c) The superintendent may contract for services to perform DNA analysis of convicted offenders under section 10 of this chapter to assist federal, state, and local criminal justice and law enforcement agencies in the putative identification, detection, or exclusion of individuals who are subjects of an investigation or prosecution of a sex offense, a violent crime, or another crime in which biological evidence is recovered from the crime scene.
    (d) The superintendent shall adopt rules under IC 4-22-2 necessary to administer and enforce the provisions and intent of this chapter.
    SECTION 2. IC 10-1-9-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]: Sec. 10. (a) This section

applies to a person described in subsection (b) or (c).
    (b) This section applies to the following:
        (1) A person convicted of a felony under IC 35-42 (offenses against the person), IC 35-43-2-1 (burglary), IC 35-42-4-6 (child solicitation):
            (1) (A) after June 30, 1996, whether or not the person is sentenced to a term of imprisonment; and
            (2) (B) before July 1, 1996, if the person is held in jail or prison on or after July 1, 1996.
         (2) A person arrested after June 30, 1999, for a felony under IC 35-42 (offenses against the person) or IC 35-43-2-1 (burglary).
    (c) This section applies to a person convicted of a criminal law in effect before October 1, 1977, that penalized an act substantially similar to a felony described in IC 35-42 or IC 35-43-2-1 or that would have been an included offense of a felony described in IC 35-42 or IC 35-43-2-1 , if the felony had been in effect:
        (1) after June 30, 1998, whether or not the person is sentenced to a term of imprisonment; and
        (2) before July 1, 1998, if the person is held in jail or prison on or after July 1, 1998.
    (d) A person described in subsection (b) or (c) shall provide a DNA sample to the department of correction or arresting authority. A convicted person is not required to submit a blood sample if doing so would present a substantial and an unreasonable risk to the person's health. The department of correction or arresting authority is not required to obtain a sample from a person described in subsection (b) if a useable DNA profile for the person already is in the Indiana DNA data base.
    SECTION 3. IC 10-1-9-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]: Sec. 16. A person who knowingly or intentionally disseminates, receives, or otherwise uses or attempts to use information in the Indiana DNA data base or DNA samples used in DNA analyses, knowing that such dissemination, receipt, or use is for a purpose other than authorized by law commits a Class A misdemeanor. Class D felony.
    SECTION 4. IC 10-1-9-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]: Sec. 20. (a) A person whose DNA profile has been included in the Indiana DNA data base may request expungement of the profile from the DNA data base on the grounds that:
         (1) the profile was included in the Indiana DNA data base as

a result of an arrest and a court has ordered the expungement of the records related to the arrest under IC 35-38-5 or another law; or
         (2) the conviction on which the authority for inclusion in the Indiana DNA data base has been reversed and the case has been dismissed.
    (b) All identifiable information in the Indiana DNA data base pertaining to a person requesting expungement under subsection (a) shall be expunged and all samples from the person shall be destroyed upon receipt of:
        (1) a written request for expungement under subsection (a);
        (2) a certified copy of the court order reversing and dismissing the conviction or granting an expungement of arrest records; and
        (3) any other information necessary to ascertain the validity of the request.
    (c) Upon expungement of a person's DNA profile from the Indiana DNA data base, the superintendent shall request expungement of the person's DNA profile from the national DNA data base.