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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1458
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
6299S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 650.055, RSMo, and to enact in lieu thereof one new section relating to collection
of biological samples, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 650.055, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 650.055, 2
to read as follows:3
650.055. 1. Every individual who: 1
(1) Is found guilty of a [felony or any] offense under 2
chapter 566; or 3
(2) Is seventeen years of age or older and arrested 4
for [burglary in the first degree under section 569.160,] a 5
felony offense or burglary in the second degree under 6
section 569.170[, or a felony offense under chapter 565, 7
566, 567, 568, or 573]; or 8
(3) Has been determined to be a sexually violent 9
predator pursuant to sections 632.480 to 632.513; or 10
(4) Is an individual required to register as a sexual 11
offender under sections 589.400 to 589.425; 12
shall have a fingerprint and blood or scientifically 13
accepted biological sample collected for purposes of DNA 14
profiling analysis. 15
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2. Any individual subject to DNA collection and 16
profiling analysis under this section shall provide a DNA 17
sample: 18
(1) Upon booking at a county jail or detention 19
facility; or 20
(2) Upon entering or before release from the 21
department of corrections reception and diagnostic centers; 22
or 23
(3) Upon entering or before release from a county jail 24
or detention facility, state correctional facility, or any 25
other detention facility or institution, whether operated by 26
a private, local, or state agency, or any mental health 27
facility if committed as a sexually violent predator 28
pursuant to sections 632.480 to 632.513; or 29
(4) When the state accepts a person from another state 30
under any interstate compact, or under any other reciprocal 31
agreement with any county, state, or federal agency, or any 32
other provision of law, whether or not the person is 33
confined or released, the acceptance is conditional on the 34
person providing a DNA sample if the person was found guilty 35
of a felony offense in any other jurisdiction; or 36
(5) If such individual is under the jurisdiction of 37
the department of corrections. Such jurisdiction includes 38
persons currently incarcerated, persons on probation, as 39
defined in section 217.650, and on parole, as also defined 40
in section 217.650; or 41
(6) At the time of registering as a sex offender under 42
sections 589.400 to 589.425; or 43
(7) Notwithstanding the provisions of this subsection 44
to the contrary, if it is determined that the person's DNA 45
sample has been included in the DNA database, and has not 46
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been subject to a court order expunging the record from the 47
DNA database, no additional sample is required. 48
3. The Missouri state highway patrol and department of 49
corrections shall be responsible for ensuring adherence to 50
the law. Any person required to provide a DNA sample 51
pursuant to this section shall be required to provide such 52
sample, without the right of refusal, at a collection site 53
designated by the Missouri state highway patrol and the 54
department of corrections. Authorized personnel collecting 55
or assisting in the collection of samples shall not be 56
liable in any civil or criminal action when the act is 57
performed in a reasonable manner. Such force may be used as 58
necessary to the effectual carrying out and application of 59
such processes and operations. The enforcement of these 60
provisions by the authorities in charge of state 61
correctional institutions and others having custody or 62
jurisdiction over individuals included in subsection 1 of 63
this section which shall not be set aside or reversed is 64
hereby made mandatory. The division of probation and parole 65
shall recommend that an individual on probation or parole 66
who refuses to provide a DNA sample have his or her 67
probation or parole revoked. In the event that a person's 68
DNA sample is not adequate for any reason, the person shall 69
provide another sample for analysis. 70
4. The procedure and rules for the collection, 71
analysis, storage, expungement, use of DNA database records 72
and privacy concerns shall not conflict with procedures and 73
rules applicable to the Missouri DNA profiling system and 74
the Federal Bureau of Investigation's DNA databank system. 75
5. Unauthorized use or dissemination of individually 76
identifiable DNA information in a database for purposes 77
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other than criminal justice or law enforcement is a class A 78
misdemeanor. 79
6. Implementation of sections 650.050 to 650.100 shall 80
be subject to future appropriations to keep Missouri's DNA 81
system compatible with the Federal Bureau of Investigation's 82
DNA databank system. 83
7. All DNA records and biological materials retained 84
in the DNA profiling system are considered closed records 85
pursuant to chapter 610. All records containing any 86
information held or maintained by any person or by any 87
agency, department, or political subdivision of the state 88
concerning an individual's DNA profile shall be strictly 89
confidential and shall not be disclosed, except to: 90
(1) Peace officers, as defined in section 590.010, and 91
other employees of law enforcement agencies who need to 92
obtain such records to perform their public duties; 93
(2) The attorney general or any assistant attorneys 94
general acting on his or her behalf, as defined in chapter 95
27; 96
(3) Prosecuting attorneys or circuit attorneys as 97
defined in chapter 56, and their employees who need to 98
obtain such records to perform their public duties; 99
(4) The individual whose DNA sample has been 100
collected, or his or her attorney; or 101
(5) Associate circuit judges, circuit judges, judges 102
of the courts of appeals, supreme court judges, and their 103
employees who need to obtain such records to perform their 104
public duties. 105
8. Any person who obtains records pursuant to the 106
provisions of this section shall use such records only for 107
investigative and prosecutorial purposes, including but not 108
limited to use at any criminal trial, hearing, or 109
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proceeding; or for law enforcement identification purposes, 110
including identification of human remains. Such records 111
shall be considered strictly confidential and shall only be 112
released as authorized by this section. 113
9. (1) An individual may request expungement of his 114
or her DNA sample and DNA profile through the court issuing 115
the reversal or dismissal, or through the court granting an 116
expungement of all official records under section 568.040. 117
A certified copy of the court order establishing that such 118
conviction has been reversed, guilty plea has been set 119
aside, or expungement has been granted under section 568.040 120
shall be sent to the Missouri state highway patrol crime 121
laboratory. Upon receipt of the court order, the laboratory 122
will determine that the requesting individual has no other 123
qualifying offense as a result of any separate plea or 124
conviction and no other qualifying arrest prior to 125
expungement. 126
(2) A person whose DNA record or DNA profile has been 127
included in the state DNA database in accordance with this 128
section and sections 650.050, 650.052, and 650.100 may 129
request expungement on the grounds that the conviction has 130
been reversed, the guilty plea on which the authority for 131
including that person's DNA record or DNA profile was based 132
has been set aside, or an expungement of all official 133
records has been granted by the court under section 568.040. 134
(3) Upon receipt of a written request for expungement, 135
a certified copy of the final court order reversing the 136
conviction, setting aside the plea, or granting an 137
expungement of all official records under section 568.040, 138
and any other information necessary to ascertain the 139
validity of the request, the Missouri state highway patrol 140
crime laboratory shall expunge all DNA records and 141
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identifiable information in the state DNA database 142
pertaining to the person and destroy the DNA sample of the 143
person, unless the Missouri state highway patrol determines 144
that the person is otherwise obligated to submit a DNA 145
sample. Within thirty days after the receipt of the court 146
order, the Missouri state highway patrol shall notify the 147
individual that it has expunged his or her DNA sample and 148
DNA profile, or the basis for its determination that the 149
person is otherwise obligated to submit a DNA sample. 150
(4) The Missouri state highway patrol is not required 151
to destroy any item of physical evidence obtained from a DNA 152
sample if evidence relating to another person would thereby 153
be destroyed. 154
(5) Any identification, warrant, arrest, or 155
evidentiary use of a DNA match derived from the database 156
shall not be excluded or suppressed from evidence, nor shall 157
any conviction be invalidated or reversed or plea set aside 158
due to the failure to expunge or a delay in expunging DNA 159
records. 160
10. When a DNA sample is taken from an individual 161
pursuant to subdivision (2) of subsection 1 of this section 162
and the prosecutor declines prosecution and notifies the 163
arresting agency of that decision, the arresting agency 164
shall notify the Missouri state highway patrol crime 165
laboratory within ninety days of receiving such 166
notification. Within thirty days of being notified by the 167
arresting agency that the prosecutor has declined 168
prosecution, the Missouri state highway patrol crime 169
laboratory shall determine whether the individual has any 170
other qualifying offenses or arrests that would require a 171
DNA sample to be taken and retained. If the individual has 172
no other qualifying offenses or arrests, the crime 173
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laboratory shall expunge all DNA records in the database 174
taken at the arrest for which the prosecution was declined 175
pertaining to the person and destroy the DNA sample of such 176
person. 177
11. When a DNA sample is taken of an arrestee for any 178
offense listed under subsection 1 of this section and 179
charges are filed: 180
(1) If the charges are later withdrawn, the prosecutor 181
shall notify the state highway patrol crime laboratory that 182
such charges have been withdrawn; 183
(2) If the case is dismissed, the court shall notify 184
the state highway patrol crime laboratory of such dismissal; 185
(3) If the court finds at the preliminary hearing that 186
there is no probable cause that the defendant committed the 187
offense, the court shall notify the state highway patrol 188
crime laboratory of such finding; 189
(4) If the defendant is found not guilty, the court 190
shall notify the state highway patrol crime laboratory of 191
such verdict. 192
If the state highway patrol crime laboratory receives notice 193
under this subsection, such crime laboratory shall 194
determine, within thirty days, whether the individual has 195
any other qualifying offenses or arrests that would require 196
a DNA sample to be taken. If the individual has no other 197
qualifying arrests or offenses, the crime laboratory shall 198
expunge all DNA records in the database pertaining to such 199
person and destroy the person's DNA sample. 200
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