Biological and Forensics Act of 2016

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Biological and Forensics Act of 2016

Post by Laos_Macen » Sun May 01, 2016 1:27 am

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San Andreas Biological Forensics Act of 2016


Author: WILLIAM HELLERSTEIN,

Sponsor: MICHAEL HOUSTON, ANDREW MANNING

ACT NO. 009-16

An Act to Define the rights and limitations of law enforcement agencies collecting biological forensic evidence from potential suspects or convicted offenders.



THE PEOPLE OF THE STATE OF SAN ANDREAS
DO ORDAIN AS FOLLOWS:
[hr][/hr]

  • Section 1. Definitions
    1. "Forensic Evidence" refers to physical evidence obtained by scientific methods and admissible in court.
    2. "Biological Sample" means a buccal swab (a swabbing of the inside of the mouth between the cheek and gum) using a buccal swab collection kit. When a buccal swab cannot be obtained from the convicted offender, a bloodstain collected by a finger stick may be taken from the convicted offender as a biological sample under this act.
    3. "DNA" means deoxyribonucleic acid.
    4. "DNA identification" means a DNA profile developed from cells of the human body that identifies a person.
    5. "Convicted offender" refers to anyone required to submit to DNA testing pursuant to this act.
    6. "Holding agency" refers to the law enforcement agency that collected DNA data from a suspect or convicted offender.
    7. "Authorised Court Official/Officer" refers to any officer or state official of a state agency currently authorised to issue search warrants.

  • Section 2. Purpose
    1. The purpose of this act is to provide procedures for the collection of a biological sample by state law enforcement agencies for the use of forensic evidence in criminal investigations. This act will provide requirements of taking and storing DNA identification from a convicted offender and the procedure for obtaining a biological sample from a suspect of a crime.
    Section 3. Purpose of DNA Identification
    1. DNA Identification shall only be used for the following purposes:
      1. Identification of possible suspects in criminal investigations.
      2. Identification of human remains or missing persons
      3. Retention of convicted offender DNA identification.
    Section 4. Persons required to submit a Biological Sample
    1. A biological sample must be collected for purposes of DNA identification analysis from:
      1. Every adult or juvenile individual convicted of a felony or any of the following crimes:
        1. Aggravated Battery
        2. Indecent Exposure
        3. Sexual Assault
      2. If the holding agency already has a biological sample from an individual, a subsequent submission is not required.
      3. It shall be the responsibility of the Los Santos Police Department or San Andreas Sheriff's Department to obtain a biological sample upon booking any individual for the offenses listed in the above section.
    Section 5. Collecting biological sample from persons not required
    1. A biological sample may be collected for purposes of DNA identification analysis from persons not required by law if consented to by the individual from which the biological sample will be taken or by way of a search warrant issued by an authorised court official/officer
      1. A biological sample may be collected from an individual with their consent. If consent is received, the collecting law enforcement agency will:
        1. Advise the individual that the biological sample will be retained and may be used as evidence against the individual in court.
        2. Obtain a written or otherwise evidence that consent was given by the individual and keep evidence of consent on file along with DNA Identification data.
        3. Obtain the biological sample.
        4. Retain the biological sample pursuant to this act.
      2. A biological sample may be collected from an individual through as authorised by way of a search warrant.
        1. An affidavit must be submitted for a search warrant that includes:
          1. The first and last name of the individual.
          2. Biological sample as the item to be seized.
          3. A statement that shows that there is probable cause that a crime has occurred and that the biological sample taken from the listed individual is more likely to reveal evidence of a connection to the crime than not.
        2. Upon receiving a approved and signed search warrant the applicant may serve the warrant upon the individual and obtain the biological sample for research and storage pursuant to this act.
  • Section 6. Use of force to obtain DNA identification information
    1. In exercising their duties under this act, deputy sheriffs, police officers, or other officials of the San Andreas Sheriff's Department and Los Santos Police Department may use reasonable and necessary force to compel an unwilling person to submit a biological sample. No law enforcement official shall incur any liability, civil or criminal, for anything lawfully done in the exercise of the provisions of this act.
    Section 7. DNA Identification Retention
    1. DNA Identification data shall be retained by the holding agency until a valid request for expungement, pursuant to this act, is submitted and validated by the holding agency.
    Section 8. DNA Identification Expungement
    1. Any applicant may request a holding agency to expunge their collected DNA identification data. The request must comply with this subsection.
      1. An applicant's expungement request must include:
        1. Applicant's printed name, signature, and address.
        2. Certified copies of final court orders exonerating, overuling, acquitting, or otherwise vacating a conviction that required the applicant to submit a biological sample pursuant to this act.
      2. After validating that the applicant qualifies for expungement, the holding agency will:
        1. Destroy collected biological samples related to the applicant and all data related to the biological sample logged in any database.
      3. The holding agency is not required to destroy an article of physical evidence containing the applicant's biological sample if the destruction of said article would constitute the destruction of either a biological sample of another person or other evidence unrelated to the biological sample that is to be expunged.
      4. Any identification, issued warrants for arrest, probable cause or arrest, or arrests made based on DNA identification as a result of delay to expunge shall not be invalidated.
    Section 9. Prohibitions - DNA Identification information
    1. DNA Identification data shall not be used for any research or any purpose outside of criminal investigations, identification of missing persons or human remains, or in improving existing DNA identification systems.
    2. Illegal or illicit usage of a DNA database or its contents by a law enforcement officer or state employee allows for any complicit individuals to be charged with (4)22. Corruption Of Public Duty.

  • This bill, if passed, shall come into effect seven (7) days after being signed.

    I hereby certify that the foregoing ordinance was passed by the Legislature of the State of San Andreas, at its meeting on this 30th day of April, 2016
    • Laos Mason
      State Clerk
    Approved on this 30th day of April, 2016
    • Francis Vaughn
      Mayor of Los Santos and its associated, unincorporated counties

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