(a)The division shall authorize access to or disclose DNA
records and DNA samples collected in the state DNA database only
in the following circumstances:
(i)To criminal justice agencies for law enforcement
identification purposes;
(ii)For criminal defense purposes, to a defendant
who shall have access to samples and analyses performed in
connection with the case in which such defendant is charged;
(iii)For a population statistics database,
identification research and protocol development or quality
control purpose, and then only if personal identifying
information is removed; and
(iv)To assist in the recovery or identification of
human remains from mass disasters or for other humanitarian
purposes, including identification of living missing persons.
(b)Access to the state DNA databa
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(a) The division shall authorize access to or disclose DNA
records and DNA samples collected in the state DNA database only
in the following circumstances:
(i) To criminal justice agencies for law enforcement
identification purposes;
(ii) For criminal defense purposes, to a defendant
who shall have access to samples and analyses performed in
connection with the case in which such defendant is charged;
(iii) For a population statistics database,
identification research and protocol development or quality
control purpose, and then only if personal identifying
information is removed; and
(iv) To assist in the recovery or identification of
human remains from mass disasters or for other humanitarian
purposes, including identification of living missing persons.
(b) Access to the state DNA database shall be limited to
duly constituted federal, state and local criminal justice
agencies through their servicing forensic DNA laboratories. The
division shall allow access to defendants for criminal defense
purposes as defined in paragraph (a)(ii) of this section upon
court order. The division shall adopt rules and procedures to
ensure the state DNA database is protected against unauthorized
access to the system or files containing DNA related
information.
(c) Only DNA records which directly relate to the
identification characteristics of individuals shall be collected
and stored in the state DNA database. The information contained
in the state DNA database shall not be collected or stored for
the purpose of obtaining information about physical
characteristics, traits or predisposition for disease and shall
not serve any purpose other than those stated in W.S.
7-19-402(a). The submitting agency may maintain control of the
DNA records it develops.
(d) Any person who, by virtue of employment or official
position, has possession of or access to, a DNA record and
willfully discloses it in any manner to any person or agency not
entitled to receive the record is guilty of a misdemeanor
punishable by imprisonment for not more than six (6) months, a
fine of not more than seven hundred fifty dollars ($750.00), or
both. Any person who, without authorization, willfully obtains
or attempts to obtain any DNA record, or tampers with or
attempts to tamper with any DNA sample, is guilty of a
misdemeanor punishable by imprisonment for not more than six (6)
months, a fine of not more than seven hundred fifty dollars
($750.00), or both.