HB1739 Summary

• Expands obstructing justice offense to include destroying, altering, concealing, or tampering with DNA samples, making it a Class 3 felony.

• Requires every person arrested for a felony or Class A misdemeanor to provide a saliva or tissue sample for DNA fingerprinting analysis at the time of booking, with implementation by the Department of State Police no later than January 1, 2013.

• Establishes that DNA database matches can be used to establish probable cause for obtaining a confirmatory sample, and protects identifications, detentions, arrests, or convictions based on database matches even if the original sample was improperly obtained.

• Increases the penalty for intentionally using genetic marker information beyond authorized purposes from a Class 4 felony to a Class 3 felony, with a minimum $5,000 fine.

• Adds expungement procedures for DNA records when charges are dismissed, acquittals occur, or convictions are reversed based on actual innocence.