(a) In any criminal proceeding, DNA testing shall be deemed to be a reliable scientific technique, and the evidence of a DNA profile comparison is admissible under § 3515 of Title 11 to prove or disprove the identity of any person. This section does not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the person as shall be admissible in evidence.
(b) (1) a. The Department of Correction shall take a biological sample for DNA from any person convicted on or after June 16, 1994, and sentenced to a term of confinement, of any offense or attempted offense defined in subchapter II, subpart D or subchapter V of Chapter 5, Title 11 or who is in the custody of the Department of Correction after June 16, 1994, as a result of a conviction for 1 or more of the offenses listed under this paragraph (b)(1) for law-enforcement identification purposes and inclusion in law-enforcement identification databases.
b. A person convicted for 1 or more of the offenses listed under this paragraph (b)(1) on or after June 16, 1994, who is not sentenced to a term of confinement shall provide a biological sample as a condition of such sentence at a time and place specified by the sentencing court.
(2) a. The Department of Correction shall take a biological sample for DNA from any person convicted after July 1, 2003, and sentenced to a term of confinement, of any offense that is defined and classified as a felony under Title 11 for law-enforcement identification purposes and inclusion in law-enforcement identification databases.
b. A person convicted after July 1, 2003, of a felony offense that is defined and classified as a felony under Title 11 and who is not sentenced to a term of confinement shall provide a biological sample as a condition of such sentence at a time and place specified by the sentencing court.
(c) (1) Biological samples must be obtained by qualified personnel and packaged and submitted in containers provided or approved by the Division of Forensic Science in accordance with administrative regulations promulgated by the Division of Forensic Science.
(2) No civil liability shall attach to any person authorized to obtain a biological sample under this section as a result of obtaining a biological sample from any person, provided the biological sample was obtained according to generally accepted procedures.
(d) A person who tampers or attempts to tamper with any biological sample or the container collected under subsection (b) or (c) of this section without lawful authority is guilty of a Class D felony.
(e) The Division of Forensic Science shall establish and maintain the State DNA Index System, a centralized database of DNA identification records that is compatible with NDIS policies and procedures.
(f) The purpose of SDIS is to assist federal, state, and local criminal justice and law enforcement agencies within and outside this State in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of crimes, including sex-related crimes or violent crimes and the identification of missing and unidentified persons.
(g) (1) a. The Division of Forensic Science shall receive, analyze, and classify biological samples in compliance with NDIS policies and procedures and shall record the DNA results in CODIS for identification and statistical purposes.
b. The Department of Justice, or a law-enforcement agency authorized by the Department of Justice, must inform DFS if the investigation has determined that no crime occurred in the case connected to a biological sample submitted for analysis and classification under paragraph (g)(1)a. of this section. If notice that no crime occurred is provided under this paragraph (g)(1)b., paragraph (g)(1)a. of this section does not apply to a biological sample connected to that case.
(2) DFS must also comply with the requirements under § 4713A of this title when a DNA analysis is of a biological sample from a sexual assault kit.
(3) The results of an analysis under this section are confidential, except as specifically provided under this section and under all of the following:
a. Section 4713A of this title,
b. Section 9405(d) of Title 11. Unless otherwise permitted under the law of this State, information provided to a victim or a victim’s designee under § 9405(d) of Title 11 should not include the name of the individual identified using the DNA profile.
(4) DFS shall securely store the results of an analysis.
(h) Records produced from biological samples received by DFS, including the results of analysis under subsection (g) of this section, may be used only for law enforcement purposes and are exempt from disclosure under the Freedom of Information Act, Chapter 100 of this title.
(i) (1) An individual whose DNA profile has been included in SDIS may petition Superior Court for expungement on the grounds that the conviction on which the authority for including the DNA profile was based has been reversed or the case dismissed.
(2) Upon receipt of a certified court order granted under paragraph (i)(1) of this section, the Division of Forensic Science shall expunge all identifiable information in CODIS pertaining to the individual and destroy all biological samples from that individual.
(j) The Division of Forensic Science shall promulgate regulations necessary to implement this section, including procedures for the collection of biological samples and SDIS system usage and integrity.
(k) (1) Upon completion of the analysis required under this section, the Division of Forensic Science shall upload a notation of the existence of a DNA identification record in the Delaware Criminal Justice Information System (DELJIS) file for the individual. This information must be available to all requesting criminal justice agencies in the same manner and under the same conditions as all other criminal record information maintained by the State Bureau of Identification.
(2) If there is a verified association between the DNA profile and an individual, DFS shall provide this information to the Delaware Information Analysis Center (DIAC).
(l) A person who disseminates, receives, or otherwise uses or attempts to use information in the database, knowing that such dissemination, receipt, or use is for a purpose other than authorized by law, is guilty of a Class A misdemeanor.
(m) (1) a. DFS and law-enforcement agencies may not destroy or dispose of biological samples from an unsolved sexual assault case until 20 years after the collection of the evidence of the crime.
b. Notwithstanding paragraph (m)(1)a. of this section, if the victim was under 18 years of age at the time of the alleged offense, biological samples from an unsolved sexual assault case may not be destroyed or disposed before the victim is 40 years of age.
(2) Before destroying or disposing of a biological sample from an unsolved sexual assault case under § 2311 of Title 11, DFS and law-enforcement agencies must comply with the requirements under § 9405(e) of Title 11.