The Senate Appropriations Committee heard Sen. Houchin’s SB 322 on submitting DNA for felony arrestees. This bill requires every person arrested for a felony after December 31, 2017, to submit a DNA sample, and specifies that the sample may be obtained only by buccal swab. It also provides for the expungement of a DNA sample taken from a person if the person is acquitted of all felony charges or the charges are converted to misdemeanors, all felony charges against the person are dismissed, or no felony charges are filed against the person within 365 days. The bill requires the officer who obtains a DNA sample from a person to inform the person of the right to DNA expungement and to provide the person with a form that may be used for DNA expungement, and permits the use of evidence other than a court order for expungement. Additionally, the bill increases the DNA sample processing fee from $2 to $4 and allocates $500,000 semiannually to hold harmless all funds and to provide an additional amount to the DNA processing fund. The bill specifies that the discovery of DNA evidence tending to show previously unknown crimes committed by a person on bail may lead to revocation of bail or an increase in the amount of bail.
The bill was amended to add that a DNA sample may not be shipped unless probable cause has been found, and if someone misuses the DNA sample that it is a Level 6 felony. The bill was amended to change the DNA sample processing fee increase to $3 instead of $4. The amended bill passed 13-0.
Read the bill at: https://iga.in.gov/legislative/2017/bills/senate/322