Washington

Enhanced Budget Items

• Genetic Genealogy testing for all UHR – $500,000 (AGO request)
  • Legislature funded $500K (to WSP) to provide DNA testing + FGG for the entire backlog (~163) of unidentified remains; advocated by the AG and the Missing & Murdered Indigenous Women & People Task Force. DNA test ~$2,500/remains; FGG ~$8,000.
  • https://www.atg.wa.gov/news/news-releases/ag-ferguson-500k-will-fund-genetic-genealogy-testing-all-unidentified-remains

Arrestees: No

Convicted Offenders: Yes – adults and juveniles

Qualifying Crimes: Felonies, plus enumerated misdemeanors (and equivalent juvenile offenses): fourth-degree assault where domestic violence was pleaded and proven; fourth-degree assault with sexual motivation; communication with a minor for immoral purposes; second-degree custodial sexual misconduct; failure to register as a sex or kidnapping offender; harassment; patronizing a prostitute; second-degree sexual misconduct with a minor; stalking; indecent exposure; and violation of a sexual assault protection order. Also: anyone required to register as a sex or kidnapping offender.

Time of Collection: For persons confined in a Department of Corrections or Department of Children, Youth, and Families facility, the sample is taken during intake — or, failing that, as soon as practicable before release. If the sample is not collected prior to release, the responsible department shall notify the sentencing court, and the sentencing court shall schedule for the collection of the sample. For convicted people who will not serve a term of confinement, the court shall order the person to be administratively booked at a city or county jail facility for providing a sample, unless the local police department or sheriff’s office has a protocol for collecting the biological sample in the courtroom.

Expungement: By written request with a certified copy of the court order vacating the conviction based on its reversal. A trial court may also order expungement for a defendant who was charged and acquitted — or whose conviction was overturned — in connection with a violent or sex offense.

Statutes / Case Law

RCW 43.43.754. DNA identification system–Biological samples–Collection, use, testing–Scope and application of section

RCW 5.70.020. Destruction of DNA Reference Samples—Expungement of DNA Reference Sample Data

W.A.C. § 446-75-070. Expungement of DNA Data.

State v. Munoz-Hernandez, 574 P.3d 136 (Wash. Ct. App. 2025) (it was not a violation of due process for the State to not inform a person of his vacated conviction or that he had a right to expunge his DNA profile, or by not immediately expunging his DNA profile from the database)

Legislative History

2SSB 5375 (1989) — Ch. 350 Created Washington’s DNA identification system from scratch, adding new sections to chapter 43.43 RCW. Established WSP authority to collect biological samples and build a DNA database. The original enactment — no DNA collection program existed before this bill.

SSB 6729 (1990) — Ch. 230 First major expansion of the 1989 system. Directly amended RCW 43.43.754 and 43.43.758 to strengthen the mandatory collection requirements. Passed with an emergency clause, taking effect immediately upon signing.

HB 1757 (1999) — Ch. 329 Established the modern DNA database specifically targeting violent and sex offenders. Passed 96–0 in the House and 42–2 in the Senate, reflecting broad consensus. Significantly expanded the offender categories subject to mandatory DNA collection.

SHB 2468 (2002) — Ch. 289 Extended the offender DNA database program to additional offender categories beyond the 1999 expansion.

2SHB 2713 (2008) — Ch. 97 Broad DNA identification expansion, making significant changes to collection requirements and database administration under RCW 43.43.754.

SSB 5154 (2015) — Ch. 261 Comprehensive sex offender registration reform. Added enforcement teeth to the DNA collection mandate by making refusal to submit a biological sample under RCW 43.43.754(1)(b) a gross misdemeanor.

E2SHB 1163 (2017) — Ch. 272 Domestic violence legislation that expanded DNA collection triggers. Added 4th-degree assault where domestic violence was pleaded and proven as a standalone qualifying offense — a notable expansion bringing certain misdemeanor-level DV convictions into the mandatory collection requirement.

SHB 1326 (2019) — Ch. 443 Directly addressed DNA sample collection procedures under RCW 43.43.754, refining the mechanics of how and when samples must be collected.

ESHB 2318 (2020) — Ch. 26 Criminal investigation bill whose Section 7 rewrote the qualifying offenses list in RCW 43.43.754, updating which convictions trigger mandatory DNA collection.

2SHB 1028 (2023) — Ch. 197 Crime victims and witnesses legislation. Section 7 amended RCW 43.43.754, most likely updating statutory cross-references to align with the bill’s broader reforms rather than changing the core collection requirements.

• No program or law identified, but evidence of use:
  • Rapid DNA machine in King County being used for casework? (2026)
  • WSP Rapid DNA Pilot Program (2025) – $1.3M for Rapid DNA (2021)
  • Possible Rapid DNA in Yakima County? https://www.yakimaherald.com/news/local/crime_and_courts/yakima-valley-crime-lab-prepares-for-potential-move-to-union-gap/article_62f73e9a-de56-46fc-b7e8-253165bc8d79.html

No program or law identified.

• General LODNA
  • Lawfully Owed DNA Project – https://wasaki.atg.wa.gov/about-project/lawfully-owed-dna-project
  • https://www.atg.wa.gov/news/news-releases/attorney-general-s-office-completes-project-collect-lawfully-owed-dna-registered
  • https://www.forensicmag.com/599316-Washington-Lawfully-Owed-DNA-Project-has-Added-Over-2-000-to-CODIS/
  • AG Ferguson DNA collection project adds 3,000 DNA profiles of serious criminal offenders to national database (2024)
  • DNA samples from an estimated 30,000 convicted felons missing in Washington state (2019)
• HB 1028 (2023, enacted) – directs courts to create time-sensitive protocols for collecting DNA upon sentencing. AG article on this.
• See WASAKI (Washington Sexual Assault Kit Initiative) – WA using federal funding (DOJ) to supercharge efforts in general LODNA collection efforts. There are three phases, focusing on sex offenders and then eventually all offenders who owe DNA samples.
• HB 1028 (2023, enacted) provided a more uniform process to ensure the timely collection of DNA from offenders who owed samples. It directs the courts to create a time-sensitive protocol for collecting DNA upon sentencing. “Specifically, courts must implement a sample collection system that includes scheduling a compliance hearing within 10 days if DNA is not collected at the time of sentencing.” It seems that many counties (and their superior courts) have not yet come into compliance with the protocols.
• HB 1326 (2019, enacted) (also known as Jennifer and Michella’s Law) provided some LODNA-relevant changes under RCW 43.43.754. Among other things, it:
  • (1) authorized submission of deceased offenders’ samples;
  • (2) authorized municipal jurisdictions to submit samples from municipal offenses equivalent to qualifying state offenses;
  • (3) Department of Corrections and Department of Children, Youth, and Family to take collect samples during intake (or as soon as practicable);
  • (4) expanded the crime of refusing to provide DNA to all crimes where DNA is required;
  • (5) removed Washington State Patrol focus on prioritizing sex/violent offender sample collections (redirects priority as well to those who have not had their sample taken (but convicted prior to June 12, 2008) but will be released the soonest); and
  • (6) for non-incarcerated offenders, a court must order the person to report to the police/sheriff within a court-established timeframe and informed them that refusal to provide a DNA sample is a gross misdemeanor. (Collection framework restructured by 2SHB 1028 (2023), effective July 23, 2023.)

No program or law found.