AN ACT relating to booking procedures in local jails.

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AN ACT relating to booking procedures in local jails. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 17.169 is amended to read as follows: 3
As used in this section and KRS 17.170 and 17.175 [, the following definitions shall 4
apply]: 5
(1) "DNA sample" or "deoxyribonucleic acid sample" means a buccal[blood or] swab 6
specimen from a person, as prescribed by administrative regulation, that is required 7
to provide a DNA sample pursuant to KRS 17.170 or 17.510, that shall be 8
submitted to the Department of Kentucky State Police forensic laboratory for law 9
enforcement identification purposes and inclusion in law enforcement identification 10
databases;[ and] 11
(2) "Authorized personnel" means an agent of state or local government who is 12
properly trained in DNA sample collection pursuant to administrative regulation ; 13
and 14
(3) "Rapid DNA instruments" means instrumentation that carries out a fully 15
automated process to derive a DNA analysis from a DNA sample. 16
Section 2. KRS 17.170 is amended to read as follows: 17
(1) Any DNA sample collected pursu ant to the law in effect prior to March 27, 2009, 18
shall be maintained and used pursuant to this section and KRS 17.175 and 17.510. 19
(2) The following persons shall have a DNA sample collected by authorized personnel: 20
(a) Any person convicted on or after Mar ch 27, 2009, of a felony offense under 21
the Kentucky Revised Statutes;[ or] 22
(b) Any juvenile who was at least fourteen (14) years of age at the time of the 23
commission of the offense and who stands adjudicated delinquent of being a 24
public offender by a court of competent jurisdiction, of: 25
1. Any felony offense in KRS Chapter 510; 26
2. Incest as defined in KRS 530.020; 27
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3. Criminal attempt or criminal conspiracy to commit an offense identified 1
in subparagraph 1. or 2. of this paragraph; or 2
4. Being a juvenile sexual offender under KRS 635.510; or 3
(c) Any adult arrested or indicted for, or otherwise charged with, any offense 4
classified as a felony offense in the Kentucky Revised Statutes after the 5
effective date of this Act. 6
(3) (a) The jailer or other local correc tional official into whose custody a person 7
arrested for a felony offense is committed shall have a DNA sample 8
collected from the person by authorized personnel as part of the person's 9
booking process and shall submit that sample to the Department of 10
Kentucky State Police forensic laboratory using its provided collection kit. 11
(b) It shall not be necessary to collect a DNA sample from a person under this 12
section if the person charged with collecting the sample verifies through a 13
mechanism approved by the Dep artment of Kentucky State Police forensic 14
laboratory both the identity of the charged person and that the person has 15
previously submitted a DNA sample that remains on file. 16
(c) A DNA sample may be collected by authorized personnel at any point 17
during the p endency of a charge for a felony offense made after the 18
effective date of this Act if a DNA sample was not previously collected 19
pursuant to this section, or if a previously collected DNA sample was lost, 20
damaged, destroyed, contaminated, or was otherwise unusable. 21
(d) 1. Authorized personnel may collect a second DNA sample to be 22
processed utilizing rapid DNA instruments from a person arrested or 23
indicted for, or otherwise charged with, a felony offense. 24
2. The cabinet shall promulgate administrative regulat ions in 25
accordance with KRS Chapter 13A to establish standards for the 26
operation of rapid DNA instruments by local governments. 27
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(4) Any person who is required to register as a sex offender under KRS 17.510 who is 1
not otherwise required to submit to a DNA s ample collection under this section or 2
KRS 17.510, including those persons convicted of a felony or adjudicated as a 3
public offender on offenses in other jurisdictions as identified in KRS 17.510(6) 4
and (7), shall have a DNA sample collected by authorized personnel. 5
(5)[(4)] Any person who is required to provide a DNA sample pursuant to subsection 6
(2) of this section and who is released from custody upon sentencing or 7
adjudication shall immediately report to the local probation and parole office and 8
shall have a DNA sample collected by authorized personnel. 9
(6)[(5)] (a) A DNA sample shall be obtained in an approved manner by authorized 10
personnel[, a physician, registered nurse, phlebotomist, medical technician, or 11
medical technologist,] and packaged with supplies and containers provided by 12
the Department of Kentucky State Police forensic laboratory in accordance 13
with administrative regulations promulgated by the cabinet in accordance 14
with KRS Chapter 13A. 15
(b) [No ] Civil liability shall not attach to any pers on authorized to obtain the 16
DNA sample as provided by this section as a result of the act of obtaining the 17
DNA sample from any person if[, provided] the procedure was 18
performed[done] according to administrative regulations by the cabinet. 19
(7)[(6)] Authorized personnel collecting DNA samples under this section or KRS 20
17.510 are not engaging in the practice of medicine pursuant to KRS 311.550. 21
(8)[(7)] Any person required to provide a DNA sample under this section or KRS 22
17.510 who, after receiving notice of the requirement to provide a DNA sample, 23
knowingly refuses to provide the[such] DNA sample, shall be guilty of a Class A 24
misdemeanor for each separate violation of the offense. 25
(9)[(8)] Any person who tampers or attempts to tamper with any DNA sample 26
collected under this section or its container without lawful authority shall be guilty 27
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of a Class D felony. 1
(10) A DNA sample obtained in good faith shall be deemed to have been obtained in 2
accordance with the requirements of this section, and the legitimate use of the 3
information derived from the DNA sample in furtherance of a criminal 4
investigation is authorized until the person from whom the DNA sample was 5
obtained is granted an expungement as provided in Section 3 of this Act. 6
Section 3. KRS 17.175 is amended to read as follows: 7
(1) A centralized database of DNA (deoxyribonucleic acid) identification records for 8
convicted or adjudicated offenders, adults arrested for, indicted for, or charged 9
with a felony offense, crime scene specimens, unidentified human remains, missing 10
persons, and close biological relatives of missing persons shall be established in the 11
Department of Kentucky State Police under the direction, control, and supervision 12
of the Department of Kentucky State Police forensic laboratory. The established 13
system shall be co mpatible with the procedures set forth in a national DNA 14
identification index to ensure data exchange on a national level. 15
(2) (a) The purpose of the centralized DNA database is to assist federal, state, and 16
local criminal justice and law enforcement agenc ies within and outside the 17
Commonwealth in the identification, detection, or exclusion of individuals 18
who are subjects of the investigation or prosecution of sex -related crimes, 19
violent crimes, or other crimes , and the identification and location of missin g 20
and unidentified persons. 21
(b) Analysis of DNA samples obtained pursuant to this chapter: 22
1. Shall be used solely for criminal justice and law enforcement 23
identification, exclusion, and investigative purpose; and 24
2. Is not authorized for: 25
a. Any non -criminal justice purpose, including but not limited to 26
insurance or employment determinations; or 27
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b. Identification of any medical or genetic disorder. 1
(3) (a) The Department of Kentucky State Police forensic laboratory shall: 2
1. Receive, analyze, and classify DNA samples received from the 3
Department of Corrections, the Department of Juvenile Justice, and 4
other sources;[, and shall ] 5
2. File the DNA results in the centralized databases for law enforcement 6
identification and statistical purposes; and[. The department shall ] 7
3. Analyze and classify all sexual assault evidence collection kits it 8
receives. In cases where a suspect has been identified, the department 9
may give priority to analysis and classification of sexual assault 10
evidence collection kits where th e reference standard for comparison is 11
provided with the kit. Except as provided in paragraph (e) of this 12
subsection, [by July 1, 2018, the average completion rate for this 13
analysis and classification shall not exceed ninety (90) days, and by July 14
1, 2020, ]the average completion rate for this analysis and classification 15
shall not exceed sixty (60) days. 16
(b) Failure to meet the completion time goals established in paragraph (a) 3. of 17
this subsection shall not be a basis for a dismissal of a criminal action o r a bar 18
to the admissibility of evidence. 19
(c) The Department of Kentucky State Police shall, by August 1 of each year, 20
report to the Legislative Research Commission the yearly average completion 21
rate for the immediately preceding five (5) fiscal years. 22
(d) With approval by the secretary of the Justice and Public Safety Cabinet in 23
situations in which an equipment casualty necessitates the expedited 24
acquisition or repair of laboratory equipment required for the analysis of 25
evidence, the acquisition or repair shall be exempt from the Finance and 26
Administration Cabinet's competitive bidding process for both acquisition and 27
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repair purposes. Each time the authority granted by this paragraph is used, the 1
equipment acquisition or repair shall be fully documented wit hin thirty (30) 2
days by the agency head in a written or electronic letter to the secretary of the 3
Finance and Administration Cabinet, attached to an ordering or payment 4
document in the state's procurement system, which shall include: 5
1. An explanation of the equipment acquired or repaired; 6
2. The name of the vendor selected; 7
3. The amount of procurement; 8
4. Other price quotations obtained; and 9
5. The basis for selection of the vendor. 10
(e) To the extent appropriated funds are insufficient to meet the average 11
completion time goals established in paragraph (a) 3. of this subsection, the 12
Department of Kentucky State Police forensic laboratory shall no longer be 13
required to meet the average completion time goals. 14
(4) DNA identification records produced from the sa mples are not public records but 15
shall be confidential and used only for law enforcement purposes. DNA 16
identification records shall be exempt from [the provisions of ] KRS 61.870 to 17
61.884. 18
(5) DNA identification records produced from evidence collected as a result of an 19
examination performed under KRS 216B.400 that are voluntarily submitted solely 20
for elimination purposes shall not be checked against or included in the centralized 21
database created pursuant to this section or any other database. 22
(6) (a) 1. The Department of Kentucky State Police forensic laboratory shall 23
automatically expunge all identifiable information in the DNA 24
database and destroy all DNA samples pertaining to a person whose 25
DNA profile was included in the DNA database pursuant to this 26
chapter if the charge or conviction results in: 27
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a. An acquittal; 1
b. A dismissal; 2
c. A nolle prosequi; 3
d. A conviction for a nonfelony offense; or 4
e. Successful completion of a pretrial diversion program under 5
KRS 533.258 and designation of the charges as dismissed -6
diverted. 7
2. The expungement required by this paragraph shall occur upon receipt 8
of official notice of final disposition from the court or o ther 9
appropriate reporting agency and shall not require a written request 10
from the individual. 11
(b) A person whose DNA profile was included in the data bank pursuant to this 12
chapter as a result of a felony conviction that is subsequently expunged 13
under KRS 431.073 shall submit a written request for expungement to the 14
Department of Kentucky State Police forensic laboratory. The request shall 15
be accompanied by a certified documentation of the court order granting 16
expungement. Upon receipt of a valid request an d required documentation, 17
the department shall expunge all identifiable information in the data bank 18
pertaining to the person and destroy all DNA samples from the person [A 19
person whose DNA profile has been included in the data bank pursuant to this 20
chapter may request expungement on the grounds that the conviction or 21
adjudication on which the authority for including the DNA profile was based 22
has been reversed and the case dismissed, or that the person successfully 23
completed the pretrial diversion program un der KRS 533.258 and the charges 24
were dismissed -diverted. The Department of Kentucky State Police shall 25
expunge all identifiable information in the data bank pertaining to the person 26
and destroy all samples from the person upon receipt of: 27
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(a) A written request for expungement pursuant to this section; and 1
(b) Either: 2
1. A certified copy of the court order reversing and dismissing the 3
conviction or adjudication; or 4
2. A certified copy of the court order deeming the charges dismissed -5
diverted]. 6
(7) The cabine t shall promulgate administrative regulations in accordance with KRS 7
Chapter 13A necessary to carry out the provisions of the DNA database 8
identification system to include procedures for collection of DNA samples and the 9
database system usage and integrity. 10
(8) The Department of Kentucky State Police shall destroy all DNA samples that are 11
not entered into the DNA database identification system. 12
(9) Any person who disseminates, receives, or otherwise uses or attempts to use 13
information in the DNA database id entification system, knowing that the[such] 14
dissemination, receipt, or use is for a purpose other than authorized by this section, 15
shall be guilty of a Class D felony. 16