§ 12-12-1111 - Procedures for conduct, disposition, and use of DNA analysis.
12-12-1111. Procedures for conduct, disposition, and use of DNA analysis.
(a) (1) The State Crime Laboratory shall adopt 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) These procedures shall also include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories which submit DNA records to the State DNA Data Base.
(b) The typing results of DNA samples shall be securely stored in the data base, and records of testing shall be retained on file with the State Crime Laboratory consistent with the procedures established by the Federal Bureau of Investigation.
(c) (1) Except as otherwise provided in 12-12-1112, the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons.
(2) The results of the analysis conducted pursuant to 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 database match or database information is not invalidated if the DNA sample was obtained or placed in the database by mistake.
(d) (1) The State Crime Laboratory is authorized to contract with third parties for purposes of this subchapter.
(2) Any third party contracting to carry out the functions of this subchapter shall be subject to the same restrictions and requirements of this subchapter, insofar as applicable, as the State Crime Laboratory as well as any additional restrictions imposed by the State Crime Laboratory.