§ 12-12-1017 - Procedures for conduct, disposition, and use of DNA analysis.
12-12-1017. Procedures for conduct, disposition, and use of DNA analysis.
(a) (1) The State Crime Laboratory shall promulgate rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter.
(2) The procedures described in subdivision (a)(1) of this section shall include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories that submit DNA records to the State DNA Data Base.
(b) The typing results of DNA samples shall be securely stored in the State DNA Data Base, and records of testing shall be retained on file with the State Crime Laboratory.
(c) (1) Except as provided in 12-12-1018, the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes, including the identification of missing persons, and to assist in the recovery or identification of human remains from disasters.
(2) The results of the DNA analysis conducted under this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution.
(3) The detention, arrest, or conviction of a person based on a State DNA Data Base match or State DNA Data Base information is not invalidated if the DNA sample was obtained or placed in the State DNA Data Base by mistake.
(d) (1) The State Crime Laboratory may contract with a third party for purposes of carrying out any function of this subchapter.
(2) Any third party contracting to carry out a function of this subchapter is subject to any restriction and requirement of this subchapter that apply to the State Crime Laboratory as well as any additional restriction imposed by the State Crime Laboratory.