Katie's law.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0539

SENATE FILE
NO.
SF0123

Katie's law.

Sponsored by:
Senator(s) Nutting and Hastert

A BILL

for

AN ACT relating to
criminal procedure; providing for collection of DNA for a person arrested for a felony; providing conforming amendments;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 7
‑
19
‑
403(a) and (b)
and 7
‑
19
‑
405(a)(intro) and (ii) are
amended to read:

7
‑
19
‑
403.

DNA samples required; collection; testing; reimbursement of costs.

(a)

Every person
arrested for a felony on or after July 1, 2011,

convicted of a felony on or after July 1, 1997, and every person who on or after July 1, 1997, is in custody in this state as a result of a felony conviction shall provide a DNA sample for analysis to determine identification characteristics specific to the person.

The DNA record resulting from the DNA analysis shall be stored and maintained by the division in the state DNA database.

(b)

DNA samples shall be collected in a medically approved manner by a physician, registered nurse, qualified clinical or laboratory technician or other person qualified by training and experience. Persons authorized to draw or collect DNA samples under this section shall not be civilly liable for such acts when acting in a reasonable manner according to generally accepted medical practices. DNA samples required under this section for persons in custody
on or after July 1, 1997,

shall be provided prior to release from custody. DNA samples required under this section for persons convicted
on or after July 1, 1997,

and not sentenced to imprisonment shall be provided as a condition of the sentence immediately after sentencing.
DNA samples required under this section for persons
arrested for a felony may be collected at any time after the arrest of the person and shall be provided prior to the
release of the person
.
The division shall promulgate rules and regulations governing the policies and procedures for the collection of DNA samples and transfer of DNA samples to the division. Criminal justice agencies having custody of a person required to provide a DNA sample under this section shall comply with rules and regulations of the division relating to the collection of DNA samples and transfer of such DNA samples for analysis.

7
‑
19
‑
405.

Expungement of information.

(a)

Any person whose DNA profile has been included in the state DNA database pursuant to this act may request expungement on the grounds the felony conviction
or arrest
on which the authority for including the DNA profile was based has been reversed and dismissed. The division shall expunge all identifiable information and DNA records in the state DNA database relating to the subject conviction from the person upon receipt of:

(ii)

A certified copy of the court order reversing and dismissing the conviction or providing for expungement
,
a certified copy of the court order finding the person not guilty of the offense for which DNA was collected under this act or other information that the division determines sufficient to show that the person will not be prosecut
ed
after an arrest for which DNA was collected under this act
.

Section 2.
This act is effective July 1, 2011

(END)

1
SF0123