Revised Code of Washington

Wash. Rev. Code § 43.43.753 (2025)

Findings—DNA identification system—DNA database—DNA data bank

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The legislature finds that recent developments in molecular biology and genetics have important applications for forensic science. It has been scientifically established that there is a unique pattern to the chemical structure of the deoxyribonucleic acid (DNA) contained in each cell of the human body. The process for identifying this pattern is called "DNA identification."
The legislature further finds that DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of investigations or prosecutions, and in detecting recidivist acts. It is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in both the identification and detection of individuals in criminal investigations and the identification and location of missing and unidentified persons. Therefore, it is in the best interest of the state to establish a DNA database and DNA data bank containing DNA samples submitted by persons convicted of felony offenses and other crimes as specified in RCW 43.43.754. DNA samples necessary for the identification of missing persons and unidentified human remains shall also be included in the DNA database.
The legislature further finds that the DNA identification system used by the federal bureau of investigation and the Washington state patrol has no ability to predict genetic disease or predisposal to illness. Nonetheless, the legislature intends that biological samples collected under RCW 43.43.754, and DNA identification data obtained from the samples, be used only for purposes related to criminal investigation, identification of human remains or missing persons, or improving the operation of the system authorized under RCW 43.43.752 through 43.43.758.
[ 2008 c 97 s 1; 2002 c 289 s 1; 1989 c 350 s 1.]

Notes:

Severability—2002 c 289: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 289 s 7.]
Effective date—2002 c 289: "This act takes effect July 1, 2002." [ 2002 c 289 s 9.]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2014–2025 · leading case: State Of Washington v. Michael Christopher Shelton, 378 P.3d 230 (Wash. Ct. App. 2016).
State Of Washington v. Michael Christopher Shelton, 378 P.3d 230 (Wash. Ct. App. 2016). “¶11 RCW 43.43.753 states, in pertinent part: Findings—DNA identification system—DNA database— DNA data bank.”
State v. Lui, 315 P.3d 493 (Wash. 2014). “” See generally RCW 43.43.753 (establishing a state bank for DNA samples); Wash.”
State Of Washington v. Leo Bunker III, No. 47614-2 (Wash. Ct. App. July 6, 2016). · cites it 2× “Rational Basis Analysis In RCW 43.43.753, the legislature expressly found that “DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of investigations or prosecutions, and in detecting recidivist acts.”
State of Washington v. Pablo Adiel Munoz-Hernandez, 574 P.3d 136 (Wash. Ct. App. 2025). “” RCW 43.43.753. The CODIS database is comprehensive—as of 2017, it contained more than 275,000 DNA profiles.”
State v. Lui, No. 84045-8 (Wash. Jan. 2, 2014). “" See generally RCW 43.43.753 (establishing a state bank for DNA samples); FORENSIC LABORATORY SERVS.”
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