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SB 241 - DNA Sampling Upon Felony Arrest - Colorado Key Vote

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Title: DNA Sampling Upon Felony Arrest

Vote Smart's Synopsis:

A vote to adopt a conference report that authorizes the collection of biological samples from persons arrested for or charged with felonies.

Highlights:

- Mandates that an individual's DNA sample be destroyed if, in the case of a sample collected based upon the filing of a charge or a final court order, each felony charge has been dismissed, resulted in an acquittal, or resulted in a conviction for an offense other than a felony offense described in title 18, C.R.S. (Sec. 1. 16-23-105). - Mandates that an individual's DNA sample be destroyed if, in the case of a sample collected based upon an arrest, a felony charge was not filed within ninety days after the arrest, or if each felony charge stemming from the arrest has been dismissed, resulted in an acquittal, or resulted in a conviction for an offense other than a felony offense (Sec. 1. 16-23-105). - Charges a fee of $2.50 for an individual convicted of any felony, misdemeanor, or traffic offense (Sec. 5. 24-33.5-415.6). - $75,000 appropriation out of the offender identification fund created in section 24-33.5-415.6 for the implementation of this act (Sec. 12).

NOTE: THE LEGISLATURE PROVIDES ITS MEMBERS WITH THE OPPORTUNITY TO BOTH VOTE ON WHETHER TO CONCUR WITH THE CONFERENCE COMMITTEE'S AMENDMENTS AND, IF THE CONCURRENCE VOTE SUCCEEDS, VOTE TO REPASS THE BILL AFTER THE AMENDMENTS ARE INCORPORATED. THIS IS A VOTE ON REPASSAGE OF THE BILL AFTER THE MEMBERS CONCURRED WITH THE CONFERENCE COMMITTEE'S AMENDMENTS.

Full Bill Text

Title: DNA Sampling Upon Felony Arrest

Vote Smart's Synopsis:

A vote to adopt a conference report that authorizes the collection of biological samples from persons arrested for or charged with felonies.

NOTE: THE LEGISLATURE PROVIDES ITS MEMBERS WITH THE OPPORTUNITY TO BOTH VOTE ON WHETHER TO CONCUR WITH THE CONFERENCE COMMITTEE'S AMENDMENTS AND, IF THE CONCURRENCE VOTE SUCCEEDS, VOTE TO REPASS THE BILL AFTER THE AMENDMENTS ARE INCORPORATED. THIS IS A VOTE ON REPASSAGE OF THE BILL AFTER THE MEMBERS CONCURRED WITH THE CONFERENCE COMMITTEE'S AMENDMENTS.

Title: DNA Sampling Upon Felony Arrest

Vote Smart's Synopsis:

Project Vote Smart staff and volunteers are working hard to produce a clear and accurate summary of the contents of the bill. At this time, we have posted the voting record for SB 241 so you can see how the office holder representing you has voted on this piece of legislation. We will have a detailed summary available as soon as possible.

For further status information, call the Voter's Research Hotline at 1-888-VOTE-SMART (1-888-868-3762).

See How Your Politicians Voted

Title: DNA Sampling Upon Felony Arrest

Vote Smart's Synopsis:

Vote to pass a bill that requires individuals who are arrested for a felony offense to submit a DNA sample to be entered into a DNA database beginning September 1, 2009, and specifies circumstances by which DNA samples may be expunged from the database.

Highlights:

-Authorizes individuals to submit a written request to have their DNA sample be expunged from the database if the felony charge(s) has been dismissed, resulted in an acquittal, or resulted in a conviction for an offense other than a felony offense, or if a felony charge is not filed within 90 days of arrest (Sec. 1). -Requires the law enforcement agency that receives a signed statement from a qualified individual to have their DNA sample expunged from the database to notify the Colorado Bureau of Investigation within 90 days that the sample must be destroyed (Sec. 1). -Requires the Colorado Bureau of Investigation to destroy the DNA sample within 90 days of receiving a request from a law enforcement agency and send a notification by first-class mail to the individual that was arrested stating that the sample has been destroyed (Sec. 1). -Prohibits a database match of DNA samples from being admitted as evidence against an individual in a criminal prosecution if it was provided by a sample that was required to be destroyed or obtained after the required date of destruction (Sec. 1). -Requires a law enforcement agency or the Colorado Bureau of Investigation to pay a fine of $25,000 to the individual who submitted the DNA sample if they fail to comply the requirements of this Act regarding the destruction of DNA samples in the database (Sec. 1). -Requires individuals charged with a felony on or after September 1, 2009 but were arrested in connection with the felony charge prior to that date to also submit a DNA sample upon being charged (Sec. 1). -Establishes a $5 fee levied against individuals for a criminal offense that results in a conviction or deferred judgment for a felony, misdemeanor, or misdemeanor traffic offense, and deposits the fee into the Offender Identification Fund (Sec. 4). -Establishes a $5 surcharge levied against individuals for the following criminal offenses that result in payment without the commencement of criminal action, and deposits the surcharges into the Offender Identification Fund (Sec. 4):

    - A misdemeanor or class 1 or class 2 misdemeanor traffic offense; -A class A or Class B traffic infraction, including a civil action resulting in an admission of liability or judgment against the defendant; and -A penalty assessment issued for a violation of wildlife, parks, and outdoor recreation statutes.
-Authorizes the court to waive the surcharge listed above if the court determines that the defendant is indigent (Sec. 4). -Appropriates $75,000 from the Offender Identification Fund, or as much as necessary, for the implementation of this Act (Sec. 10).

Full Bill Text

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