§ 12-1.5-11. DNA database exchange.
It shall be the duty of the department of health to collect DNA samples, to receive,
store, and to perform analysis or to contract for DNA typing analysis with a qualified
DNA laboratory that meets the regulations as established by the department of health,
to classify and to file the DNA record of identification characteristic profiles of
DNA samples submitted under this chapter and to make the information available as
provided in this section. Access to the DNA databank shall be for identification analysis
only and shall be limited upon a showing of need to duly constituted federal, state
and local l
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§ 12-1.5-11. DNA database exchange.
It shall be the duty of the department of health to collect DNA samples, to receive,
store, and to perform analysis or to contract for DNA typing analysis with a qualified
DNA laboratory that meets the regulations as established by the department of health,
to classify and to file the DNA record of identification characteristic profiles of
DNA samples submitted under this chapter and to make the information available as
provided in this section. Access to the DNA databank shall be for identification analysis
only and shall be limited upon a showing of need to duly constituted federal, state
and local law enforcement agencies and their servicing forensic DNA laboratories and
by court order to the defendant or his or her attorney in a criminal case. The contents
of the DNA record of individuals in the state DNA database shall be made available:
(1) To criminal justice agencies or approved DNA forensic laboratories which serve these
agencies; or
(2) Upon written or electronic request and in furtherance of an official investigation
by a criminal justice agency or its designated forensic laboratory of a criminal offense
or offender or suspected offender;
(3) To prosecuting attorneys who are actively involved in a case in which the DNA record
of an individual is relevant; to grand juries and courts when such records are subpoenaed;
to defense attorneys when the DNA record is relevant to a pending case.
(4) The department of health shall consistent with the provisions of this chapter promulgate
regulations governing the methods of obtaining information from the state DNA database
and CODIS and procedures for verification of the identity and authority of the requester;
and
(5) The department of health may create a separate population database comprised of DNA
samples obtained under this chapter after all personal identification is removed.
The department of health may share or disseminate the population database with other
criminal justice agencies or forensic DNA laboratories that serve to assist the department
of health with statistical databases. The population database may be made available
to and searched by other agencies participating in the CODIS system.