Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2342 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 736       FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 2342
The Commonwealth of Massachusetts
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PRESENTED BY:
Natalie M. Higgins and Bradley H. Jones, Jr.
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to lawfully owed DNA.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/17/2023Bradley H. Jones, Jr.20th Middlesex1/17/2023Adam Scanlon14th Bristol1/23/2023Kathleen R. LaNatra12th Plymouth1/24/2023Lindsay N. Sabadosa1st Hampshire1/24/2023Andres X. Vargas3rd Essex1/24/2023Susannah M. Whipps2nd Franklin1/24/2023Tram T. Nguyen18th Essex1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023James K. Hawkins2nd Bristol1/27/2023Christine P. Barber34th Middlesex1/30/2023Sally P. Kerans13th Essex2/6/2023Steven George Xiarhos5th Barnstable2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023Samantha MontaƱo15th Suffolk2/17/2023Kimberly N. Ferguson1st Worcester2/17/2023Hannah Kane11th Worcester2/17/2023 1 of 2
HOUSE DOCKET, NO. 736       FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 2342
By Representatives Higgins of Leominster and Jones of North Reading, a petition (accompanied 
by bill, House, No. 2342) of Natalie M. Higgins, Bradley H. Jones, Jr., and others that the crime 
laboratory within the Department of the State Police conduct an audit of offender DNA profiles 
included on the state DNA databank system. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to lawfully owed DNA.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. The crime laboratory within the department of the state police shall conduct 
2an audit of offender DNA profiles included on the state DNA databank system in order to 
3identify the number DNA profiles that are missing from the databank which should have been 
4collected under section 3 of chapter 22E of the General Laws. The crime laboratory shall support 
5this effort as necessary to comply with report deadlines. 
6 The audit shall initiate with offender DNA samples that were required to be collected 
7under section 3 of chapter 22E of the General Laws. The audit shall include those offenders who 
8would have been covered under retroactive provisions of the law that require DNA samples from 
9persons, regardless of conviction date, as the statute provides.
10 A preliminary report including the overall number of estimated owed DNA samples shall 
11be reported to the legislature promptly upon completion of the initial audit, due to the significant  2 of 2
12risk to public safety of any failed collections.  The preliminary report should be provided without 
13delay, and no later than ninety days after enactment or December 15, 2023, whichever is soonest. 
14 A final report to further include additional details on types of offenses for which DNA 
15samples are owed, and an overview of where collection failures occurred shall be submitted no 
16later than December 15, 2023.  Thereafter, an annual audit shall be completed and reported to the 
17Legislature no later than December 15 of each year.