STATE v. M.Y.G.

No. 99374-2 (Consolidated with No. 99379-3).

509 P.3d 818 (2022)

STATE of Washington, Respondent, v. M.Y.G. and I.A.S., Petitioners.

Supreme Court of Washington.

Filed: May 19, 2022.


Attorney(s) appearing for the Case

Andrea Burkhart, Two Arrows, PLLC, 8220 W. Gage Blvd. #789, Kennewick, WA, 99336-8113, Nancy P. Collins, Washington Appellate Project, 1511 3rd Ave. Ste. 610, Seattle, WA, 98101-3647, for Petitioners.

Larry D. Steinmetz, Jason Moscowitz, Office of Spokane County Prosecuting Attorney, 1100 W. Mallon Ave., Spokane, WA, 99260-2043, for Respondent.

Katherine Elizabeth Hurley, La Rond Baker, King County Department of Public Defense, 710 2nd Ave. Ste. 200, Seattle, WA, 98104-1703, Julia Mizutani, Nancy Lynn Talner, ACLU-WA, P.O. Box 2728, Seattle, WA, 98111-2728, Cindy Arends Elsberry, Washington Defender Association, 110 Prefontaine Pl. S. Ste. 610, Seattle, WA, 98104-2626, for Amici Curiae on behalf of King County Department of Public Defense, American Civil Liberties Union of WA, Washington Defender Association, Asian Counseling and Referral Service, Center for Children and Youth Justice, Choose 180, Collective Justice, Community Passageways, Council On American Islamic Relations Washington Chapter, Electronic Frontier Foundation, Juvenile Law Center, Kent Black Action Commission, La Resistencia, League of Education Voters, Legal Counsel for Youth and Children, Look2justice, Mockingbird Society, Mothers for Police Accountability, Oneamerica, Real Change, Teamchild, and Urban League of Metropolitan Seattle.


¶ 1 RCW 43.43.754(1)(a) requires every adult or juvenile convicted of a felony or certain other crimes or equivalent juvenile offenses to give a DNA (deoxyribonucleic acid) sample for identification analysis. But the statute fails to define when a person is "convicted" to trigger the DNA collection requirement. In this case, we are...

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