§ 7-19-403 — DNA samples required; collection; testing; reimbursement of costs

(a) Every person convicted of a felony on or after July 1,
1997, and every person who on or after July 1, 1997, is in
custody in this state as a result of a felony conviction shall
provide a DNA sample for analysis to determine identification
characteristics specific to the person. The DNA record
resulting from the DNA analysis shall be stored and maintained
by the division in the state DNA database.
(b) DNA samples shall be collected in a medically approved
manner by a physician, registered nurse, qualified clinical or
laboratory technician or other person qualified by training and
experience. Persons authorized to draw or collect DNA samples
under this section shall not be civilly liable for such acts
when acting in a reasonable manner according to generally
accepted medical practices. DNA samples required under this
section for persons in custody on or after July 1, 1997, shall
be provided prior to release from custody. DNA samples required
under this section for persons convicted on or after July 1,
1997, and not sentenced to imprisonment shall be provided as a
condition of the sentence immediately after sentencing. The
division shall promulgate rules and regulations governing the
policies and procedures for the collection of DNA samples and
transfer of DNA samples to the division. Criminal justice
agencies having custody of a person required to provide a DNA
sample under this section shall comply with rules and
regulations of the division relating to the collection of DNA
samples and transfer of such DNA samples for analysis.
(c) DNA samples collected under this section shall be
transmitted to the division for the state DNA database. The
division shall perform tests on the DNA samples as necessary to
implement the purposes of the state DNA database as specified in
W.S. 7-19-402(a). The division may contract for services to
perform DNA typing under this subsection. The division shall
ensure that:
(i) Any contractor conducts forensic DNA analysis in
accordance with national standards for DNA quality assurance and
proficiency testing issued pursuant to the Federal DNA
Identification Act of 1994; and
(ii) Typing results meet acceptance criteria
established by the FBI for inclusion of DNA records in CODIS.
(d) The division shall reimburse any Wyoming city, town,
county or agency required to collect DNA samples under this act
for the cost of collecting the sample. The procedure for
reimbursement shall be in accordance with rules adopted by the
division.