COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Judiciary, to which was referred Senate Bill No. 245, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (13)CR024501.1. -->     Page 1, delete lines 1 through 17.
    Delete pages 2 through 3, begin a new paragraph and insert:
SOURCE: IC 10-13-6-8; (13)CR024501.1. -->     "SECTION 1. IC 10-13-6-8, AS AMENDED BY P.L.142-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) The superintendent may establish a data base of DNA identification records of:
        (1) convicted criminals;
         (2) persons arrested for:
            (A) burglary (IC 35-43-2-1);
            (B) residential entry (IC 35-43-2-1.5);
            (C) a crime of violence (as defined in IC 35-50-1-2); or
            (D) a sex offense (as defined in IC 11-8-8-5.2);
        
(2) (3) crime scene specimens;
        (3) (4) unidentified missing persons; and
        (4) (5) close biological relatives of missing persons.
    (b) The superintendent shall maintain the Indiana DNA data base.
    (c) The superintendent may contract for services to perform DNA analysis of:
         (1) convicted offenders; and
         (2) persons arrested for:
            (A) burglary;
            (B) residential entry;
            (C) a crime of violence; or
            (D) a sex offense;

under section 10 of this chapter to assist federal, state, and local criminal justice and law enforcement agencies in the putative identification, detection, or exclusion of individuals who are subjects of an investigation or prosecution of a sex offense, a violent crime, or another crime in which biological evidence is recovered from the crime scene.
    (d) The superintendent:
        (1) may perform or contract for performance of testing, typing, or analysis of a DNA sample collected from a person described in section 10 of this chapter at any time; and
        (2) shall perform or contract for the performance of testing, typing, or analysis of a DNA sample collected from a person described in section 10 of this chapter if federal funds become available for the performance of DNA testing, typing, or analysis.
    (e) The superintendent shall adopt rules under IC 4-22-2 necessary to administer and enforce the provisions and intent of this chapter.
    (f) The detention, arrest, or conviction of a person based on a data base match or data base information is not invalidated if a court determines that the DNA sample was obtained or placed in the Indiana DNA data base by mistake.
SOURCE: IC 10-13-6-10; (13)CR024501.2. -->     SECTION 2. IC 10-13-6-10, AS AMENDED BY P.L.173-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) This section applies to the following:
         (1) A person arrested after June 30, 2013, for burglary, residential entry, a crime of violence, or a sex offense, as described in section 8(a)(2) of this chapter.
        
(1) (2) A person convicted of a felony under IC 35-42 (offenses against the person) or IC 35-43-2-1 (burglary):
            (A) after June 30, 1996, whether or not the person is sentenced to a term of imprisonment; or
            (B) before July 1, 1996, if the person is held in jail or prison on or after July 1, 1996.
        (2) (3) A person convicted of a criminal law in effect before October 1, 1977, that penalized an act substantially similar to a

felony described in IC 35-42 or IC 35-43-2-1 or that would have been an included offense of a felony described in IC 35-42 or IC 35-43-2-1 if the felony had been in effect:
            (A) after June 30, 1998, whether or not the person is sentenced to a term of imprisonment; or
            (B) before July 1, 1998, if the person is held in jail or prison on or after July 1, 1998.
        (3) (4) A person convicted of a felony, conspiracy to commit a felony, or attempt to commit a felony:
            (A) after June 30, 2005, whether or not the person is sentenced to a term of imprisonment; or
            (B) before July 1, 2005, if the person is held in jail or prison on or after July 1, 2005.
    (b) A person described in subsection (a) shall provide a DNA sample to the:
        (1) department of correction or the designee of the department of correction if the offender is committed to the department of correction;
        (2) county sheriff or the designee of the county sheriff if the offender is held in a county jail or other county penal facility, placed in a community corrections program (as defined in IC 35-38-2.6-2), or placed on probation, or released on bond;
        (3) agency that supervises the person, or the agency's designee, if the person is on conditional release in accordance with IC 35-38-1-27; or
        (4) law enforcement agency that processes the person, in the case of a person arrested for burglary, residential entry, a crime of violence, or a sex offense.

A person is not required to submit a blood sample if doing so would present a substantial and an unreasonable risk to the person's health.
    (c) The detention, arrest, or conviction of a person based on a data base match or data base information is not invalidated if a court determines that the DNA sample was obtained or placed in the Indiana DNA data base by mistake.
     (d) The officer, employee, or designee who obtains a DNA sample from a person under this section shall:
        (1) inform the person of the person's right to DNA expungement under section 18 of this chapter; and


        (2) provide the person with a form that may be used for DNA expungement.
SOURCE: IC 10-13-6-18; (13)CR024501.3. -->     SECTION 3. IC 10-13-6-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18. (a) A person whose DNA profile has been included in the Indiana DNA data base may request expungement of the profile from the DNA data base on the grounds that:
         (1) the conviction on which the authority for inclusion in the Indiana DNA data base was founded has been reversed and the case has been dismissed; or
        (2) the person was arrested for burglary, residential entry, a crime of violence, or a sex offense, as described in section 8(a)(2) of this chapter, and:
            (A) the person was acquitted of all felony charges;
            (B) all burglary, residential entry, crime of violence, or sex offense charges in the case have been dismissed; or
            (C) thirty (30) days have passed since the person's arrest and no burglary, residential entry, crime of violence, or sex offense charges have been filed against the person.

    (b) All identifiable information in the Indiana DNA data base pertaining to a person requesting expungement under subsection (a) shall be expunged, and all samples from the person shall be destroyed, upon receipt of:
        (1) a written request for letter or form requesting expungement under subsection (a);
        (2) a certified copy of the a court order, or other evidence sufficient to establish or permit the superintendent to establish that:
             (A) reversing all of the person's felony convictions have been reversed and dismissing the conviction, or dismissed, as described in subsection (a)(1);
            (B) the person has been acquitted of all felony charges, as described in subsection (a)(2)(A);
            (C) all burglary, residential entry, crime of violence, or sex offense charges in the case have been dismissed, as described in subsection (a)(2)(B); or
            (D) thirty (30) days have passed since the person's arrest and no burglary, residential entry, crime of violence, or sex

offense charges have been filed against the person, as described in subsection (a)(2)(C); and
        (3) any other information necessary to ascertain the validity of the request.
    (c) Upon expungement of a person's DNA profile from the Indiana DNA data base, the superintendent shall request expungement of the person's DNA profile from the national DNA data base.".

SOURCE: Page 4, line 1; (13)CR024501.4. -->     Page 4, delete lines 1 through 5.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 245 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 5, Nays 2.

____________________________________

    Steele
Chairperson


CR024501/DI 106    2013