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REFERENCE TITLE: DNA match tracking system; DPS |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1796 |
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Introduced by Senator Fernandez
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AN ACT
Amending Title 41, chapter 12, article 2, Arizona Revised Statutes, by adding section 41-1738; relating to the department of public safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1738, to read:
41-1738. DNA match tracking system; law enforcement and prosecutorial agencies; notification; annual report; definition
A. Within One year after the effective date of this section, the department shall establish and maintain a statewide automated DNA match tracking system to match DNA samples to unsolved cases in this state.
B. The department may:
1. Purchase a commercial software system to track and match DNA samples.
2. Apply for any federal funding or grants to establish and maintain the DNA match tracking system pursuant to this section.
C. The DNA match tracking system must:
1. Be fully electronic and cloud based.
2. receive DNA match notifications from all ACCREDITED crime laboratories in this state.
3. Automatically route notifications and reminders to all RELEVANT law ENFORCEMENT agencies and prosecutorial agencies in this state.
4. Record and time stamp all actions taken by the law ENFORCEMENT agencies and prosecutorial agencies in this state and flag any notifications for review.
5. Produce audit logs, compliance reports and performance metrics.
6. Ensure all data security is consistent with applicable privacy and INFORMATION security laws in this state.
D. On confirmation of a DNA match, the department shall transmit an electronic notification to the DNA match tracking system within ten business days. All LAW ENFORCEMENT agencies and PROSECUTORIAL AGENCIES IN THIS STATE shall review each DNA match notification within five business days after receiving the transmission. Within sixty business days after recording the INITIAL match review, the law ENFORCEMENT agencies and prosecutorial agencies in this state shall document and update the DNA match tracking system with the following information:
1. Whether the DNA match is relevant to an active investigation or case.
2. Any INVESTIGATIVE or prosecutorial actions taken.
3. Any decision regarding the closure of the case and the reason for the closure.
E. All law enforcement agencies in this state that submit DNA evidence to an accredited crime lab shall participate in the system.
F. All information stored and transmitted under this section shall be handled in accordance with all applicable federal, state and local data privacy laws. Access to the DNA match tracking system is limited to authorized PERSONNEL only.
G. NOTWITHSTANDING any other law, information that is entered into or stored in the DNA match tracking system may not be admissible in a criminal proceeding.
H. The department may adopt any rules that are REASONABLY necessary to implement, administer and enforce this section.
I. The DNA match tracking system shall serve only as a resource for COORDINATED criminal justice response purposes.
J. Beginning December 31, 2027 and each year thereafter, the department shall submit an annual report to the Governor, the PRESIDENT of the senate and the speaker of the house of representatives that contains all of the following information:
1. the total number of DNA matches.
2. the average time after a dna match is first recorded for the department to transmit electronic notification to the dna match tracking system.
3. the Number of overdue or UNADDRESSED notifications.
4. Any RECOMMENDATIONS on how to improve the system.
K. For the purposes of this section, "Law ENFORCEMENT agency" MEANS A MUNICIPAL POLICE DEPARTMENT, A COUNTY SHERIFF'S office AND THE DEPARTMENT OF PUBLIC SAFETY.
Sec. 2. Short title
This act may be cited as the "DNA Match Notification, Tracking and Accountability Act".