SB 789 – Modifies provisions relating to DNA profiling by the Missouri State Highway Patrol crime lab and the DNA Profiling Analysis Fund

• Sponsor: Kraus
• LR Number: 5832S.02T
• Committee: Judiciary and Civil and Criminal Jurisprudence
• Last Action: 7/9/2012 - Signed by Governor
• Title: SCS SB 789
• Effective Date: August 28, 2012
• House Handler: Cox

Current Bill Summary

SCS/SB 789 - Under current law, a surcharge of $30 is assessed in criminal cases in which a defendant is found guilty of a felony, a surcharge of $60 is assessed if the defendant if found guilty of a Class A or B felony or an unclassified felony under Chapter 195, and $15 is assessed if the defendant is found guilty of a misdemeanor. The money goes into the "DNA Profiling Analysis Fund".

The surcharge was set to expire on August, 28, 2013. This act extends the expiration date to August 28, 2019.

In addition, this act repeals a provision that redirects the funds to the state's general revenue if such revenue did not increase by two percent or more from the previous fiscal year.

Current law requires people who move to Missouri under an interstate compact or other reciprocal agreement to provide a DNA sample if the offense committed in the other jurisdiction would be considered an offense requiring the collection of a DNA sample under Missouri law. Under this act, a DNA sample is collected from any person found guilty of any felony offense who moves to Missouri pursuant to an interstate compact or similar agreement.

This act requires offenders to provide a DNA sample at the time of registering as a sex offender.

When a prosecutor declines to prosecute someone whose DNA was collected at the time of arrest, the arresting agency is required under current law to notify the crime laboratory within 90 days. The crime lab must expunge the DNA records and sample unless the person is otherwise obligated to submit a sample.

This act specifies that the arresting agency has 90 days upon receiving notification by the prosecuting attorney to contact the crime lab. The crime lab then has 30 days from receiving notice by the arresting agency to determine whether the person arrested has any other offenses or arrests on record that would require the person to submit a DNA sample. If the person does not have any other qualifying arrests or offenses, then the crime lab must destroy the DNA records and sample.

This act is similar to HB 1422 (2012).

MEGHAN LUECKE