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Criminal Investigations (Bodily Samples) Amendment Bill
Member's Bill
Explanatory Note
The Criminal Investigations (Bodily Samples) Act 1995 permits the Police to take voluntary DNA samples from adults for inclusion in the national DNA databank. The giving of a voluntary sample requires the active, informed consent of the donor. The donor must be informed of their rights and what will happen to the sample (section 31), and their consent must be given either in writing, or videotaped (section 34). Persons under 17 are incapable of giving such consent (section 32).
Concerns have arisen that police are abusing these powers, by using false pretences to gain samples from minors. This is unlawful, but the Act provides no penalty for it. There are specific offences for refusing to give a sample when required, for providing false information to the databank or falsifying information stored in it, and using a sample without proper authority. But there is no offence for the act of taking a sample unlawfully.
This bill rectifies this situation, by creating a specific offence for obtaining consent to a sample by false pretences or coercion, or for taking a sample from a minor. Like other offences under the Act, it is punishable by up to three years' imprisonment.
Clause by clause analysis
Clause 1 is the Title provision.
Clause 2 provides for the Bill to come into force on the day after the date on which it receives the Royal assent.
Clause 3 sets out the purpose of the Bill.
Clause 4 defines the Principal Act as the Criminal Investigations (Bodily Samples) Act 1995.
Clause 5 amends s 77 of the Principal Act to add offences for obtaining a sample by false pretences or coercion, or from a minor.
Criminal Investigations (Bodily Samples) Amendment Bill
The Parliament of New Zealand enacts as follows:
1. Title
This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2010.
2. Commencement
This Act comes into force on the day after the date on which it received the Royal Assent.
3. Purpose
The purpose of this Act is to provide greater protection for personal privacy, and encourage compliance with the Criminal Investigations (Bodily Samples) Act by creating an offence of obtaining “voluntary” DNA samples by false pretences or coercion, or from minors.
4. Principal Act Amended
This Act amends the Criminal Investigations (Bodily Samples) Act 1995.
5. Section 77 Amended
Section 77(2) is amended by inserting the following paragraph after paragraph (e):
“(f) makes a request for consent to the taking of a bodily sample under section 30—
“(i) by a false pretence or for any improper purpose; or
“(ii) accompanied by any threat; or
“(iii) knowing that the person of whom the request is made is aged under 17, or being reckless to that fact.”