S2186.01T

To repeal sections 43.050, 650.050, 650.053 and 650.055, RSMo 1994, relating to the state highway patrol, and to enact in lieu thereof four new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 43.050, 650.050, 650.053 and 650.055, RSMo 1994, are repealed and four new sections enacted in lieu thereof, to be known as sections 43.050, 650.050, 650.052 and 650.055, to read as follows:

43.050. 1. The superintendent may appoint not more than twenty-two captains and one director of radio, each of whom shall have the same qualifications as the superintendent, nor more than forty-six lieutenants, and such additional force of sergeants, corporals and patrolmen, so that the total number of members of the patrol shall not exceed nine hundred forty officers and patrolmen and such numbers of radio personnel as he deems necessary.

2. In case of a national emergency the superintendent may name additional patrolmen and radio personnel in a number sufficient to replace, temporarily, patrolmen and radio personnel called into military services.

3. Members of the patrol hired in conjunction with any agreement with the Missouri gaming commission shall not be subject to the personnel cap referenced in subsection 1 of this section. If such agreement is subsequently terminated or modified to reduce the number of personnel used in such agreement, those members affected by such termination or modification shall not be subject to the personnel cap referenced in subsection 1 of this section for a period of three years.

4. Members of the patrol hired in conjunction with the community oriented policing services federal grant shall not be subject to the personnel cap referenced in subsection 1 of this section until such time the federal grant expires.

[3.] 5. Applicants shall not be discriminated against because of race, creed, color, national origin or sex.

650.050. 1. The Missouri department of public safety shall develop and establish a "DNA Profiling System", referred to in sections 650.050 to 650.057 as the system to support criminal justice services in the local communities throughout this state in DNA identification. This establishment shall be accomplished through consultation with the Kansas City, Missouri regional crime laboratory, Missouri state highway patrol crime laboratory, St. Louis, Missouri metropolitan crime laboratory, [and] St. Louis county crime laboratory, southeast Missouri regional crime laboratory, Springfield regional crime laboratory, and the Missouri Southern State College Police Academy Regional Crime Lab.

2. The DNA profiling system as established in this section shall be compatible with that used by the Federal Bureau of Investigation to ensure that DNA records are fully exchangeable between DNA laboratories and that quality assurance standards issued by the director of the Federal Bureau of Investigations are applied and performed.

[3. The department of public safety shall report on the system to the legislature not later than the fifteenth of January, 1992. This report shall include a timeline for implementing each stage, a local agency financial participation analysis, a system analysis and a full cost/purchase analysis.]

650.052. 1. The state's DNA profiling system shall:

(1) Assist federal, state and local criminal justice and law enforcement agencies in the putative identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of violent or sex-related crime in which biological evidence is recovered from the crime scene; and

(2) Support development of a population statistics database, when personal identifying information is removed; and

(3) Support identification research and protocol development of forensic DNA analysis methods; and

(4) For quality control purposes; or

(5) Assist in the recovery or identification of human remains from mass disasters, or for other humanitarian purposes, including identification of living missing persons.

2. The Missouri state highway patrol shall act as the central repository for the DNA profiling system and shall coordinate with the Federal Bureau of Investigation on the national database program.

3. The Missouri state highway patrol may promulgate rules in accordance with Federal Bureau of Investigation recommendations for the form and manner of collection of blood or other scientifically accepted biological samples and other procedures for the operation of sections 650.050 to 650.057. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

4. The Missouri state highway patrol shall provide the necessary components for collection of the convicted offender's biological samples. The specimens shall thereafter be forwarded to the Missouri state highway patrol crime laboratory.

5. The state's forensic DNA laboratories shall meet quality assurance standards specified by the Missouri state highway patrol and the Federal Bureau of Investigation to ensure quality DNA identification records submitted to the central repository.

6. The state's forensic DNA laboratories may provide the system for identification purposes to criminal justice, law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court and provide expert testimony in court on DNA evidentiary issues. [650.053. The department of public safety, in consultation with Kansas City, Missouri regional crime laboratory, Missouri state highway patrol crime laboratory, St. Louis, Missouri metropolitan crime laboratory, Springfield regional crime laboratory and southeast Missouri regional crime laboratory, may:

(1) Provide the system to law enforcement agencies throughout the state; and

(2) Provide assistance to law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court; and

(3) Provide expert testimony in court on DNA evidentiary issues.] 650.055. 1. Every individual convicted in a Missouri circuit court of a felony, defined as a violent offense under chapter 565, RSMo, or as a sex offense under chapter 566, RSMo, excluding sections 566.010 and 566.020, RSMo, shall have a blood or scientifically accepted biological sample [drawn] collected for purposes of DNA profiling analysis:

(1) Upon entering the department of correction's reception and diagnostic center(s); or

(2) Before release from, [or transfer to, a state correctional institution,] county jail or detention facility [Any blood sample taken shall be used solely for the purpose of providing DNA or other blood grouping lists for profiling analysis and prosecution of a violent offense or a sex offense.]; or

(3) If such individual is under the jurisdiction of the department of corrections on or after the effective date or this section. Such jurisdiction includes persons currently incarcerated, persons on probation, as defined in 217.650, RSMo, and on parole, as also defined in 217.650.

2. The Missouri state highway patrol and department of corrections shall be responsible for ensuring adherence to the law. Any person required to provide a DNA sample pursuant to this section shall be required to provide such sample, without the right of refusal, at a collection site designated by the Missouri state highway patrol and the department of corrections. Authorized personnel collecting or assisting in the collection of samples shall not be liable in any civil or criminal action when the act is performed in a reasonable manner. Such force may be used as necessary to the effectual carrying out and application of such processes and operations. The enforcement of these provisions by the authorities in charge of state correctional institutions and others having custody of those convicted of the felony which shall not be set aside or reversed, is hereby made mandatory.

3. The procedure and rules for the collection, analysis, storage, expungement, use of DNA database records and privacy concerns shall not conflict with procedures and rules applicable to the Missouri DNA profiling system and the Federal Bureau of Investigation's DNA data bank system.

4. Unauthorized uses or dissemination of individually identifiable DNA information in a database for purposes other than criminal justice or law enforcement is a class A misdemeanor.

5. Implementation of section 650.050 and this section shall be subject to future appropriations to keep Missouri's DNA system compatible with the Federal Bureau of Investigation's DNA data bank system.