Sec. 54-102i. Procedure for conducting DNA analysis of blood or other biological sample.
Sec. 54-102i. Procedure for conducting DNA analysis of blood or other biological sample. (a) Whether or not the results of an analysis are to be included in the data
bank, the Division of Scientific Services within the Department of Public Safety shall
conduct the DNA analysis in accordance with procedures adopted by the division to
determine identification characteristics specific to the individual whose blood or other
biological sample is being analyzed. Such procedures shall conform to nationally recognized and accepted standards for DNA analysis. The Commissioner of Public Safety or
the commissioner's designee shall complete and maintain on file a form indicating the
name of the person whose sample is to be analyzed, the date and by whom the sample
was received and examined, and a statement that the seal on the tube or container had
not been broken or otherwise tampered with. The remainder of a sample submitted for
analysis and inclusion in the data bank pursuant to section 54-102g may be divided,
labeled as provided for the original sample, and securely stored by the division in accordance with specific procedures set forth in regulations adopted by the Department of
Public Safety in accordance with the provisions of chapter 54 to ensure the integrity
and confidentiality of the samples. All or part of the remainder of that sample may be
used only (1) to create a statistical data base provided no identifying information on the
individual whose sample is being analyzed is included, or (2) for retesting by the division
to validate or update the original analysis.
(b) A report of the results of a DNA analysis conducted by the division as authorized,
including the profile and identifying information, shall be made and maintained at the
division. A certificate and the results of the analysis shall be admissible in any court as
evidence of the facts therein stated. Except as specifically provided in this section and
section 54-102j, the results of the analysis shall be securely stored and shall remain
confidential.
(P.A. 94-246, S. 3; P.A. 96-2; P.A. 99-218, S. 12, 16; P.A. 03-242, S. 3.)
History: P.A. 96-2 amended Subsec. (b) to provide for the initiation of a DNA testing process rather than conducting
a DNA analysis; P.A. 99-218 replaced the State Police Forensic Science Laboratory with the Division of Scientific Services
within the Department of Public Safety, and made conforming changes, effective July 1, 1999; P.A. 03-242 amended
Subsec. (a) to make provisions applicable to "other biological" samples in addition to blood samples, add reference to a
"container" and make conforming and technical changes, and amended Subsec. (b) to delete provision that required the
division to initiate a DNA testing process not later than 45 days after receipt of a blood sample.