SS/SCS/HCS/HB 152 - This act expands the DNA profiling system by requiring any person 17 years of age or older who is arrested for first degree burglary, second degree burglary, or a felony under Chapter 565, 566, 567, 568, or 573, RSMo. Under this act, persons required to provide a biological sample may be required to do so upon booking at a county jail or detention facility. Within 90 days of warrant refusal, the arresting agency must notify the Highway Patrol crime laboratory, which must expunge all the DNA records and destroy the sample unless the Patrol determines that the person is otherwise obligated to submit a sample. When a DNA sample is taken of any such arrestee and charges are filed:
(1) If the charges are later withdrawn, the prosecutor shall notify the highway patrol crime laboratory that such charges have been withdrawn;
(2) If the case is dismissed, the court shall notify the highway patrol crime laboratory of such dismissal;
(3) If the court finds at the preliminary hearing that there is no probable cause that the defendant committed the offense, the court shall notify the highway patrol crime laboratory of such finding;
(4) If the defendant is found not guilty, the court shall notify the highway patrol crime laboratory of such finding.
If the state highway patrol crime laboratory receives notice under this subsection that the charges have been withdrawn, the case has been dismissed, or there is a finding that the necessary probable cause does not exist, such crime laboratory shall expunge the DNA sample and DNA profile of the arrestee within thirty days. Prior to such expungement, the state highway patrol crime laboratory shall determine whether the individual has any other qualifying offenses or arrests that would require a DNA sample to be taken and retained prior to expungement under this subsection.
A person whose DNA sample has been collected and his or her attorney shall have access to his or her DNA records.
This act also provides that DNA samples obtained under Sections 650.050 to 650.100 shall only be analyzed consistent with such provisions and applicable federal law.
SUSAN HENDERSON MOORE