Katie's law.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0281

HOUSE BILL
NO.

HB0204

Katie's law.

Sponsored by:
Representative(s) Esquibel, K., Brown, Burkhart, Coleman, Davison, Goggles, Hutchings, Krone, Petroff and Throne and Senator(s) Anderson, J.D. (SD02), Coe, Craft, Dockstader, Hastert, Nutting and Ross

A BILL

for

AN ACT relating to
criminal procedure; providing for collection of DNA from a person arrested for a felony; providing for
expungement
of information as specified;

repealing archaic language;
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
or
charged with a violation of any offense punishable by more than one (1) year that consists of a homicide, involves a sexual act or sexual conduct, involves kidnapping or abduction, consists of burglary or robbery
,
involves stalking
or involves an aggravated assault, every person

convicted of
a
felony
on or after July 1,
1997

2013
,
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
or charged with an offense as provided in subsection (a) of this section
may be collected at any time after the person
is arrested or charged
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
that the person
was acquitted
of the offense for which DNA was collected under this act, that the person will not be prosecuted for the offense for
which
DNA was collected under this act
or

the
felony conviction on which the authority for including the DNA profile was based has been reversed and dismissed
.

The division shall respond to a request for
expungement
not later than ninety (90) days after receipt of the request and shall provide a written response to the requesting party. If the division determines to expunge information under this section
, t
he division shall expunge all identifiable information and DNA records in the state DNA database relating to the

subject conviction from the person

offense
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
of acquittal or dismissal
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 prosecuted after an arrest for which DNA was collected under this act
.

Evidence that prosecution has not begun more than one (1) year after an arrest shall be deemed sufficient to show that the person will not
be prosecuted for purposes of this paragraph.

Section 2.

This act is effective July 1, 2013.

(END)

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HB0204