HOUSE 3rd Reading Unamended April 23, 2013 HOUSE Amended 2nd Reading April 22, 2013First Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 13-0054.01 Michael Dohr x4347 HOUSE BILL 13-1251 HOUSE SPONSORSHIP Pabon, Foote SENATE SPONSORSHIP Morse, House Committees Senate Committees Judiciary Finance Appropriations A BILL FOR AN ACT Concerning collection of a DNA sample from offenders convicted of a class 1 misdemeanor in the Colorado criminal code, and, in connection therewith, making an appropriation. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, only an offender convicted of a misdemeanor involving unlawful sexual conduct must provide a DNA sample for inclusion in the DNA database at the Colorado Bureau of Investigation. The bill would require collection of a DNA sample from all persons convicted of a class 1, 2, or 3 misdemeanor. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 16-11-102.4, amend (1) (g); and add (7) as follows: 16-11-102.4. Genetic testing of convicted offenders. (1) Beginning July 1, 2007, each of the following convicted offenders shall submit to and pay for collection and a chemical testing of the offender's biological substance sample to determine the genetic markers thereof, unless the offender has already provided a biological substance sample for such testing pursuant to a statute of this state: (g) Every offender sentenced on or after July 1, 2007, for a felony conviction or sentenced on or after July 1, 2013, for a class 1 misdemeanor conviction for a crime in title 18, C.R.S.; except that this paragraph (g) shall not apply to an offender granted a deferred judgment and sentencing as authorized in section 18-1.3-102, C.R.S., unless otherwise required to submit to a sample pursuant to this section, or unless the deferred judgment and sentencing is revoked and a sentence is imposed. The sample shall be collected: (I) From an offender sentenced to the department of corrections, by the department during the intake process but in any event within thirty-five days after the offender is received by the department; (II) From an offender sentenced to county jail or community corrections, by the sheriff or by the community corrections program within thirty-five days after the offender is received into the custody of the county jail or the community corrections facility; (III) From an offender sentenced to probation, by the judicial department or probation department within thirty-five days after the offender is placed on probation; (IV) From an offender sentenced to the youthful offender system, by the department of corrections within thirty-five days after the offender is received at the youthful offender system; and (V) From an offender who receives any other sentence or who receives a suspended sentence, by the judicial department or probation department within thirty-five days after the offender is sentenced or the sentence is suspended. (7) (a) If an offender's misdemeanor conviction is overturned on post-conviction relief or appeal, the offender may submit a written request for expungement to the Colorado bureau of investigation. The request shall include the items listed in this paragraph (a) and any additional information that may assist the bureau in locating the records of conviction or the biological substance sample or testing results. The following information must be included in the request: (I) The person's name, date of birth, and mailing address; (II) The name of the agency that collected the biological substance sample; (III) The date when the sample was taken; (IV) A copy of the post-conviction or appellate order overturning the conviction; and (V) A declaration that, to the best of the person's knowledge, he or she qualifies for expungement. (b) Within ninety days after receiving the request submitted pursuant to paragraph (a) of this subsection, unless the test results resulted in a databank or database match, the Colorado bureau of investigation shall destroy the biological substance sample collected and expunge the results of the testing of the sample from the federal combined DNA index system and any state index system. (c) The Colorado bureau of investigation shall send notification by first class mail to the offender, either stating that the bureau destroyed the biological substance sample and expunged the sample test results or stating why the bureau has not destroyed the sample and expunged the test results. (d) A data bank or database match shall not be admitted as evidence against a person in a criminal prosecution and shall not be used as a basis to identify a person if the match is: (I) Derived from a biological substance sample that is required to be expunged pursuant to this section; and (II) Obtained after the required date of expungement. SECTION 2. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the judicial department, for the fiscal year beginning July 1, 2013, the sum of $91,589 and 0.9 FTE, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $54,048 and 0.9 FTE to probation programs for personal services; (b) $32,838 to probation programs for operating expenses; and (c) $4,703 to centrally administered programs for courthouse capital/infrastructure maintenance. (2) In addition to any other appropriation, there is hereby appropriated to the department of public safety, for the fiscal year beginning July 1, 2013, the sum of $494,178 and 1.4 FTE, or so much thereof as may be necessary, for the implementation of this act as follows: (a) $67,639 and 1.4 FTE from the general fund, for allocation to the Colorado bureau of investigation, laboratory and investigative services, for personal services; (b) $10,831 from the general fund, for allocation to the Colorado bureau of investigation, laboratory and investigative services, for operating expenses; (c) $144,489 from the general fund, for allocation to the Colorado bureau of investigation, laboratory and investigative services, for operating expenses for the processing of DNA samples; (d) $91,219 from the offender identification fund created in section 24-33.5-415.6 (1), Colorado Revised Statutes, for allocation to the Colorado bureau of investigation, laboratory and investigative services, for operating expenses for the processing of DNA samples; and (e) $180,000 from the offender identification fund created in section 24-33.5-415.6 (1), Colorado Revised Statutes, for allocation to the Colorado bureau of investigation, laboratory and investigative services, for operating expenses for the purchase of DNA analysis equipment. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.