Sec. 54-102h. Procedure for collection of blood or other biological sample for DNA analysis.
Sec. 54-102h. Procedure for collection of blood or other biological sample for
DNA analysis. (a)(1) The collection of a blood or other biological sample from persons
required to submit to the taking of such sample pursuant to subsection (a) of section 54-102g shall be the responsibility of the Department of Correction and shall be taken at
a time and place specified by the Department of Correction.
(2) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (b) of section 54-102g shall
be the responsibility of the Department of Public Safety and shall be taken at a time and
place specified by the sentencing court.
(3) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (c) of section 54-102g shall
be the responsibility of the Commissioner of Mental Health and Addiction Services or
the Commissioner of Developmental Services, as the case may be, and shall be taken
at a time and place specified by said commissioner.
(4) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (d) of section 54-102g shall
be the responsibility of the Judicial Department if such person is serving a period of
probation and of the Department of Correction if such person is serving a period of
parole and shall be taken at a time and place specified by the Court Support Services
Division or the Department of Correction, as the case may be.
(5) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (e) of section 54-102g shall
be the responsibility of the agency in whose custody or under whose supervision such
person has been placed, and shall be taken at a time and place specified by such agency.
(b) Only a person licensed to practice medicine and surgery in this state, a qualified
laboratory technician, a registered nurse or a phlebotomist shall take any blood sample
to be submitted to analysis.
(c) No civil liability shall attach to any person authorized to take a blood or other
biological sample as provided in this section as a result of the act of taking such sample
from any person submitting thereto, if the blood or other biological sample was taken
according to recognized medical procedures, provided no person shall be relieved from
liability for negligence in the taking of any such sample.
(d) Chemically clean sterile disposable needles and vacuum draw tubes shall be
used for all blood samples. The tube or container for a blood or other biological sample
shall be sealed and labeled with the subject's name, Social Security number, date of
birth, race and gender, the name of the person collecting the sample, and the date and
place of collection. The tube or container shall be secured to prevent tampering with
the contents.
(e) The steps set forth in this section relating to the taking, handling, identification
and disposition of blood or other biological samples are procedural and not substantive.
Substantial compliance therewith shall be deemed to be sufficient. The samples shall
be transported to the Division of Scientific Services within the Department of Public
Safety not more than fifteen days following their collection and shall be analyzed and
stored in the DNA data bank in accordance with sections 54-102i and 54-102j.
(P.A. 94-246, S. 2; P.A. 99-218, S. 11, 16; P.A. 03-242, S. 2; P.A. 04-188, S. 2; 04-234, S. 2; P.A. 07-73, S. 2(b); 07-158, S. 5.)
History: P.A. 99-218 amended Subsec. (b) by replacing the State Police Forensic Science Laboratory with the Division
of Scientific Services within the Department of Public Safety, effective July 1, 1999; P.A. 03-242 amended Subsec. (a) to
make provisions applicable to "other biological" samples in addition to blood samples, provide that samples be "taken"
rather than "withdrawn" and rephrase provisions re withdrawal of samples accordingly, add provision requiring samples
from persons who are found not guilty by reason of mental disease or defect and are confined in a hospital for psychiatric
disabilities or placed with the Commissioner of Mental Retardation be taken at a time and place specified by the superintendent or the commissioner, add provision requiring samples from persons serving probation or parole be taken at a time
and place specified by the Court Support Services Division or the Board of Parole and make provision that requires certain
medical personnel to withdraw any sample applicable only to the taking of "blood" samples, amended Subsec. (b) to make
provision requiring the use of needles and vacuum draw tubes applicable to "blood" samples and include references to
the "container" for the sample, designated existing provisions re procedure and substantial compliance therewith and
requirements re transportation, analysis and storage as Subsec. (c) and amended said Subsec. to make provisions applicable
to "other biological" samples and replace "withdrawal" with "their collection"; P.A. 04-188 amended Subsec. (a) to insert
Subdiv. designators, amended Subsec. (a)(1) to provide that collection of the sample shall be the responsibility of Department of Correction, that samples collected are "from persons required to submit to the taking of such sample pursuant to
subsection (a) of section 54-102g" rather than "pursuant to section 54-102g from persons who are to be incarcerated" and
that samples be taken at "a time and place specified" by department rather than "at the receiving unit or at such other place
as is designated" by department, amended Subsec. (a)(2) to provide that collection of the sample shall be the responsibility
of Department of Public Safety and that samples collected are from "persons required to submit to the taking of such
sample pursuant to subsection (b) of section 54-102g" rather than from "persons who are not sentenced to a term of
confinement", amended Subsec. (a)(3) to provide that collection of the sample shall be responsibility of the Commissioner
of Mental Health and Addiction Services or Commissioner of Mental Retardation, as the case may be, that samples collected
are from "persons required to submit to the taking of such sample pursuant to subsection (c) of section 54-102g" rather
than "persons who are found not guilty by reason of mental disease or defect pursuant to section 53a-13 and are confined
in a hospital for psychiatric disabilities or placed with the Commissioner of Mental Retardation" and that sample be
taken at a time and place specified by "said commissioner" rather than by "the superintendent of such hospital or said
commissioner, as the case may be", amended Subsec. (a)(4) to provide that collection of the sample shall be the responsibility
of Judicial Department if the person is serving a period of probation and of Board of Parole if the person is serving a period
of parole and that samples collected are from "persons required to submit to the taking of such sample pursuant to subsection
(d) of section 54-102g" rather than from "persons who are serving periods of probation or parole", added new Subdiv. (5)
re agency responsible for collection of a sample from persons required to submit to the taking of a sample pursuant to Sec.
54-102g(e), designated existing provision of Subsec. (a) re persons authorized to take a blood sample as new Subsec. (b),
designated existing provision of Subsec. (a) re liability of persons taking a sample as new Subsec. (c), redesignated existing
Subsec. (b) re needles, tubes and containers as Subsec. (d), and redesignated existing Subsec. (c) re procedure and substantial
compliance therewith and requirements re transportation, analysis and storage as Subsec. (e); P.A. 04-234 replaced Board
of Parole with Board of Pardons and Paroles, effective July 1, 2004; pursuant to P.A. 07-73 "Commissioner of Mental
Retardation" was changed editorially by the Revisors to "Commissioner of Developmental Services", effective October
1, 2007; P.A. 07-158 amended Subsec. (a)(4) to substitute "Department of Correction" for "Board of Pardons and Paroles"
re collection from certain parolees.