| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on JUDICIARY |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (JUD) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING DNA TESTING FOR PERSONS ARRAIGNED FOR A SERIOUS FELONY. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (a) of section 54-102g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017, and applicable to arraignments on or after said date): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) (1) Whenever any person is [arrested on or after October 1, 2011, for the commission of] arraigned and the court finds there is probable cause to believe such person committed a serious felony, and, prior to such [arrest, has been convicted of a felony but] arraignment, has not submitted to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis pursuant to this section, [the law enforcement agency that arrested such person shall, as available resources allow, require such person to submit] the prosecutorial official shall request and the judge shall order that such person submit, as required by the Court Support Services Division and as available resources allow, to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. [If the law enforcement agency requires such person to submit to the taking of such blood or other biological sample, such] If such person is in the custody of the Department of Correction, such person shall submit, as required by the Department of Correction and as available resources allow, to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. |
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| 31 | 31 | | |
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| 32 | 32 | | (2) Such person shall submit to the taking of such sample [prior to release from custody and] at such time and place as the [agency] Court Support Services Division or the Department of Correction may specify. For purposes of this subsection, "serious felony" means a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103, 53a-103a, 53a-111, 53a-112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b, 53a-179c or 53a-181c. |
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| 33 | 33 | | |
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| 34 | 34 | | Sec. 2. Subdivision (1) of subsection (a) of section 54-102h of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017): |
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| 35 | 35 | | |
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| 36 | 36 | | (a) (1) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (a) of section 54-102g, as amended by this act, shall be the responsibility of the [law enforcement agency that arrested such person] Judicial Department and shall be taken at a time and place specified by [that agency prior to such person's release from custody] the Court Support Services Division or, if such person is in the custody of the Department of Correction, the Department of Correction shall be responsible for the taking of such sample. |
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| 37 | 37 | | |
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| 38 | 38 | | Sec. 3. Section 54-102l of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017): |
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| 39 | 39 | | |
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| 40 | 40 | | (a) A DNA profile that has been included in the data bank pursuant to sections 54-102g to 54-102k, inclusive, as amended by this act, shall be expunged in the event that (1) the [criminal] conviction or the finding of not guilty by reason of mental disease or defect on which the authority for including the person's DNA profile was based has been reversed and the case dismissed or such person has been granted an absolute pardon for such conviction, or (2) if the DNA profile of a person has been included in the data bank on account of the person being (A) arrested as provided in subsection (a) of section 54-102g of the general statutes, revised to January 1, 2015, or (B) arraigned and a court's finding of probable cause in accordance with subsection (a) of section 54-102g, as amended by this act, the charge has been dismissed or nolled or the person has been acquitted of the charge. |
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| 41 | 41 | | |
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| 42 | 42 | | (b) The Division of Scientific Services within the Department of Emergency Services and Public Protection shall [purge] immediately expunge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a certified copy of (1) the court order reversing and dismissing the conviction or the finding of not guilty by reason of mental disease or defect or notification of an absolute pardon for such conviction, or (2) the court order dismissing or nolling the charge or acquitting the person of the charge. |
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| 43 | 43 | | |
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| 44 | 44 | | (c) Any person whose records and identifiable information in the data bank are required to be expunged and samples from such person are required to be destroyed in accordance with the provisions of this section may request confirmation of such expungement and destruction of samples from the Division of Scientific Services within the Department of Emergency Services and Public Protection. The division shall confirm such expungement and destruction of samples not later than thirty days after receipt of such request. If such person's records and identifiable information and all samples from such person have not been expunged or destroyed and the division is in possession of a certified copy of the documentation described in subdivision (1) or (2) of subsection (b) of this section, the division shall immediately expunge such records and information and destroy such samples and shall send confirmation to such person. If the division has not received a certified copy of such documentation required by this section in order to expunge such records and information and to destroy such samples, the division shall instruct such person to obtain such copy and to submit the copy to the division. If the division receives such copy, the division shall immediately expunge such records and information and destroy such samples and shall send confirmation to such person. |
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| 45 | 45 | | |
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| 46 | 46 | | |
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| 47 | 47 | | |
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| 48 | 48 | | |
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| 49 | 49 | | This act shall take effect as follows and shall amend the following sections: |
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| 50 | 50 | | Section 1 January 1, 2017, and applicable to arraignments on or after said date 54-102g(a) |
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| 51 | 51 | | Sec. 2 January 1, 2017 54-102h(a)(1) |
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| 52 | 52 | | Sec. 3 January 1, 2017 54-102l |
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| 53 | 53 | | |
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| 54 | 54 | | This act shall take effect as follows and shall amend the following sections: |
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| 55 | 55 | | |
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| 56 | 56 | | Section 1 |
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| 57 | 57 | | |
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| 58 | 58 | | January 1, 2017, and applicable to arraignments on or after said date |
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| 59 | 59 | | |
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| 60 | 60 | | 54-102g(a) |
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| 61 | 61 | | |
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| 62 | 62 | | Sec. 2 |
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| 63 | 63 | | |
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| 64 | 64 | | January 1, 2017 |
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| 65 | 65 | | |
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| 66 | 66 | | 54-102h(a)(1) |
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| 67 | 67 | | |
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| 68 | 68 | | Sec. 3 |
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| 69 | 69 | | |
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| 70 | 70 | | January 1, 2017 |
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| 71 | 71 | | |
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| 72 | 72 | | 54-102l |
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| 73 | 73 | | |
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