S.B. 09-241: DNA Testing Felony Arrests
Beginning September 30, 2010, requires each adult arrested for or charged with a felony to submit to a DNA test. Directs, that in most cases, the arresting agency take a biological sample for testing purposes during the booking process. In all other cases, directs that the sample be taken at the person's first court appearance, if practical.
Directs the Colorado bureau of investigation (CBI) to test the samples collected. Requires the CBI to file and maintain the results of such DNA testing in a database only after receiving confirmation that the person has been charged with a felony. Directs the CBI to furnish the results to a law enforcement agency upon request.
- Permits the resulting DNA profile to be expunged from the database if:
- The person is not charged with a felony; The felony charges are dismissed; or
- The person is found not guilty of the felony charge.
Requires the court to advise the person of his or her expungement rights at the person's first appearance and requires re-advisement by the court or district attorney if an action occurs that triggers the right of expungement. Directs a person who wants his or her record expunged from the database to submit a written request to CBI. Upon receipt of the request, directs CBI to contact the district attorney to verify that the person qualifies for expungement. Requires CBI to send notice to the person indicating whether the record has been expunged.
Requires the DNA working group to convene to discuss and make recommendations regarding the appropriateness and implementation of this act. Requires the DNA working group to provide a report regarding its discussion and recommendations to the general assembly before the next regular session of the general assembly.
Beginning July 1, 2009, creates a $2.50 cost or surcharge on each felony, misdemeanor, and traffic offense, and on other criminal violations. Directs that the cost or surcharge be credited to the offender identification fund. Beginning July 1, 2009, allows a defendant to request a search of a DNA database if the court determines there is a reasonable probability that a search will produce exculpatory or mitigating evidence.
Appropriates $75,000 to the CBI in the department of public safety from the offender identification fund for the preparation for implementation and implementation of this act.
APPROVED by Governor May 21, 2009 PORTIONS EFFECTIVE July 1, 2009 PORTIONS EFFECTIVE September 30, 2010
View Bill: S.B. 09-241 PDF
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