CHAPTER 6. INDIANA DNA DATA BASE
IC 10-13-6
Chapter 6. Indiana DNA Data Base
IC 10-13-6-1
"Combined DNA Index System"
Sec. 1. As used in this chapter, "Combined DNA Index System"
refers to the Federal Bureau of Investigation's national DNA
identification index system that allows the storage and exchange of
DNA records submitted by state and local forensic DNA
laboratories.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-2
"DNA"
Sec. 2. As used in this chapter, "DNA" means deoxyribonucleic
acid that:
(1) is located in the nucleated cells;
(2) provides an individual's personal genetic blueprint; and
(3) encodes genetic information that is the basis of human
heredity and forensic identification.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-3
"DNA analysis"
Sec. 3. As used in this chapter, "DNA analysis" means an
identification process in which the unique genetic code of an
individual that is carried by the individual's DNA is compared with
the genetic codes of another individual.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-4
"DNA profile"
Sec. 4. As used in this chapter, "DNA profile" means the results
of all DNA identification tests on an individual's DNA sample.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-5
"DNA record"
Sec. 5. As used in this chapter, "DNA record" refers to DNA
identification information stored in the state DNA data base or the
Combined DNA Index System for the purpose of generating
investigative leads or supporting statistical interpretation of DNA
test results that:
(1) is the result obtained from DNA typing tests; and
(2) is comprised of the characteristics of a DNA sample that are
of value in establishing the identity of individuals.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-6
"DNA sample"
Sec. 6. As used in this chapter, "DNA sample" means a blood,
tissue, or other body fluid sample:
(1) provided by a person with respect to offenses covered by
this chapter; or
(2) submitted to the state police laboratory under this chapter
for analysis or storage, or both.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-7
"Superintendent"
Sec. 7. As used in this chapter, "superintendent" includes the
superintendent or the superintendent's designee.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-8
Establishment of DNA data base; mandatory and discretionary
testing and analysis
Sec. 8. (a) The superintendent may establish a data base of DNA
identification records of:
(1) convicted criminals;
(2) crime scene specimens;
(3) unidentified missing persons; and
(4) close biological relatives of missing persons.
(b) The superintendent shall maintain the Indiana DNA data base.
(c) The superintendent may contract for services to perform DNA
analysis of convicted offenders under section 10 of this chapter to
assist federal, state, and local criminal justice and law enforcement
agencies in the putative identification, detection, or exclusion of
individuals who are subjects of an investigation or prosecution of a
sex offense, a violent crime, or another crime in which biological
evidence is recovered from the crime scene.
(d) The superintendent:
(1) may perform or contract for performance of testing, typing,
or analysis of a DNA sample collected from a person described
in section 10 of this chapter at any time; and
(2) shall perform or contract for the performance of testing,
typing, or analysis of a DNA sample collected from a person
described in section 10 of this chapter if federal funds become
available for the performance of DNA testing, typing, or
analysis.
(e) The superintendent shall adopt rules under IC 4-22-2
necessary to administer and enforce the provisions and intent of this
chapter.
(f) The detention, arrest, or conviction of a person based on a data
base match or data base information is not invalidated if a court
determines that the DNA sample was obtained or placed in the
Indiana DNA data base by mistake.
As added by P.L.2-2003, SEC.4. Amended by P.L.69-2005, SEC.1
and P.L.142-2005, SEC.1.
IC 10-13-6-9
Duties of superintendent
Sec. 9. The superintendent shall ensure that the Indiana DNA data
base:
(1) supports development of a population statistics data base
when personal identifying information is removed;
(2) supports identification research and protocol development
of forensic DNA analysis;
(3) assists in achieving quality control; and
(4) assists in the recovery or identification of human remains
from mass disasters or for other humanitarian purposes,
including identification of missing persons who may be alive.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-9.5
DNA sample processing fund
Sec. 9.5. (a) The DNA sample processing fund is established for
the purpose of funding the collection, shipment, analysis, and
preservation of DNA samples and the conduct of a DNA data base
program under this chapter. The fund shall be administered by the
superintendent.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.176-2005, SEC.1.
IC 10-13-6-10
Persons required to provide DNA sample
Sec. 10. (a) This section applies to the following:
(1) A person convicted of a felony under IC 35-42 (offenses
against the person) or IC 35-43-2-1 (burglary):
(A) after June 30, 1996, whether or not the person is
sentenced to a term of imprisonment; or
(B) before July 1, 1996, if the person is held in jail or prison
on or after July 1, 1996.
(2) A person convicted of a criminal law in effect before
October 1, 1977, that penalized an act substantially similar to a
felony described in IC 35-42 or IC 35-43-2-1 or that would have
been an included offense of a felony described in IC 35-42 or
IC 35-43-2-1 if the felony had been in effect:
(A) after June 30, 1998, whether or not the person is
sentenced to a term of imprisonment; or
(B) before July 1, 1998, if the person is held in jail or prison
on or after July 1, 1998.
(3) A person convicted of a felony, conspiracy to commit a
felony, or attempt to commit a felony:
(A) after June 30, 2005, whether or not the person is
sentenced to a term of imprisonment; or
(B) before July 1, 2005, if the person is held in jail or prison
on or after July 1, 2005.
(b) A person described in subsection (a) shall provide a DNA
sample to the:
(1) department of correction or the designee of the department
of correction if the offender is committed to the department of
correction;
(2) county sheriff or the designee of the county sheriff if the
offender is held in a county jail or other county penal facility,
placed in a community corrections program (as defined in
IC 35-38-2.6-2), or placed on probation; or
(3) agency that supervises the person, or the agency's designee,
if the person is on conditional release in accordance with
IC 35-38-1-27.
A person is not required to submit a blood sample if doing so would
present a substantial and an unreasonable risk to the person's health.
(c) The detention, arrest, or conviction of a person based on a data
base match or data base information is not invalidated if a court
determines that the DNA sample was obtained or placed in the
Indiana DNA data base by mistake.
As added by P.L.2-2003, SEC.4. Amended by P.L.69-2005, SEC.2
and P.L.142-2005, SEC.2; P.L.140-2006, SEC.8 and P.L.173-2006,
SEC.8.
IC 10-13-6-11
Guidelines for DNA sample collection and shipment
Sec. 11. (a) The superintendent may issue specific guidelines
relating to procedures for DNA sample collection and shipment
within Indiana for DNA identification testing.
(b) The superintendent shall issue specific guidelines related to
procedures for DNA sample collection and shipment by the:
(1) county sheriff or designee of the county sheriff under
section 10(b)(2) of this chapter; or
(2) supervising agency or designee of the supervising agency
under section 10(b)(3) of this chapter.
The superintendent shall provide each county sheriff and supervising
agency with the guidelines issued under this subsection. A county
sheriff and supervising agency shall collect and ship DNA samples
in compliance with the guidelines issued under this subsection.
(c) The superintendent may delay the implementation of the
collection of DNA samples under section 10(b)(2) or 10(b)(3) of this
chapter in one (1) or more counties until the earlier of the following:
(1) A date set by the superintendent.
(2) The date funding becomes available by grant through the
criminal justice institute.
If the superintendent delays implementation of section 10(b)(2) or
10(b)(3) of this chapter or terminates a delay under section 10(b)(2)
or 10(b)(3) of this chapter in any county, the superintendent shall
notify the county sheriff in writing of the superintendent's action.
As added by P.L.2-2003, SEC.4. Amended by P.L.140-2006, SEC.9
and P.L.173-2006, SEC.9.
IC 10-13-6-12
Collection of samples
Sec. 12. DNA samples for the Indiana DNA data base must be
collected in a medically approved manner by one (1) of the
following:
(1) A physician.
(2) A registered nurse.
(3) A licensed vocational nurse.
(4) A licensed clinical laboratory technologist.
(5) Any other person trained to collect DNA samples properly.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-13
Purposes of testing
Sec. 13. (a) Tests performed on the DNA samples are for the
following purposes:
(1) To analyze and type the genetic markers contained in or
derived from DNA.
(2) For law enforcement identification purposes.
(3) For research or administrative purposes, including:
(A) development of a population statistics data base after
personal identifying information is removed;
(B) support of identification research and protocol
development of forensic DNA analysis methods;
(C) quality control; and
(D) assisting in the recovery or identification of human
remains from mass disasters or for other humanitarian
purposes, including identification of missing persons who
may be alive.
(b) Tests performed under this chapter must be conducted in a
manner that produces compatible results with procedures specified
by the Federal Bureau of Investigation Laboratory to ensure that
DNA records are fully exchangeable between DNA laboratories.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-14
Adherence to nationally recognized standards
Sec. 14. (a) A laboratory conducting forensic DNA analysis in
Indiana must implement and follow nationally recognized standards
for DNA quality assurance and proficiency testing, such as those
approved by the American Society of Crime Laboratory Directors
Laboratory Accreditation Board.
(b) Quality assurance guidelines issued by the Technical Working
Group on DNA Analysis Methods serve as the standard for DNA
testing under this chapter until national standards are set.
(c) A laboratory conducting forensic DNA analysis in Indiana
shall forward relevant DNA data base records to the state police
laboratory.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-15
Disclosure of DNA samples and analysis
Sec. 15. A laboratory conducting forensic DNA analysis in
Indiana may disclose or allow access to collected DNA samples and
DNA analysis results only under the following circumstances:
(1) To criminal justice agencies for law enforcement
identification purposes.
(2) To defense counsel for criminal defense purposes.
(3) Upon authorization by a court or statute.
(4) For a population statistics data base, identification research
and protocol development, or quality control purposes, but only
if personal identifying information is removed.
(5) For purposes of postconviction DNA testing and analysis
under IC 35-38-7.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-16
Collection of information for certain purposes prohibited
Sec. 16. The information contained in the Indiana DNA data base
may not be collected or stored to obtain information about human
physical traits or predisposition for disease.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-17
Personal information limited
Sec. 17. Personal information stored in the Indiana DNA data base
is limited to:
(1) data necessary to:
(A) generate investigative leads; and
(B) support statistical interpretation of test results; and
(2) any other information necessary to allow for the successful
implementation of the Indiana DNA data base system.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-18
Expungement of DNA profile
Sec. 18. (a) A person whose DNA profile has been included in the
Indiana DNA data base may request expungement of the profile from
the DNA data base on the grounds that the conviction on which the
authority for inclusion in the Indiana DNA data base was founded
has been reversed and the case has been dismissed.
(b) All identifiable information in the Indiana DNA data base
pertaining to a person requesting expungement under subsection (a)
shall be expunged, and all samples from the person shall be
destroyed upon receipt of:
(1) a written request for expungement under subsection (a);
(2) a certified copy of the court order reversing and dismissing
the conviction; and
(3) any other information necessary to ascertain the validity of
the request.
(c) Upon expungement of a person's DNA profile from the Indiana
DNA data base, the superintendent shall request expungement of the
person's DNA profile from the national DNA data base.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-19
Access to DNA data base
Sec. 19. (a) Access to the Indiana DNA data base is limited to
federal, state, and local law enforcement agencies through their
servicing forensic DNA laboratories.
(b) The superintendent shall take appropriate measures to ensure
that the Indiana DNA data base is protected against unauthorized
access.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-20
Denial of privileges due to failure to follow quality control and
privacy standards
Sec. 20. The superintendent may deny the privilege of a
laboratory performing forensic DNA analysis within Indiana to
exchange DNA identification records with federal, state, or local
criminal justice agencies if required quality control and privacy
standards described in this chapter for the Indiana DNA data base are
not met by the laboratory.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-21
Unlawful tampering
Sec. 21. A person who knowingly or intentionally without lawful
authority tampers with or attempts to tamper with any DNA sample
or a container collected under section 10 of this chapter commits a
Class D felony.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-22
Unlawful use of data base information or DNA samples
Sec. 22. A person who knowingly or intentionally disseminates,
receives, or otherwise uses or attempts to use information in the
Indiana DNA data base or DNA samples used in DNA analyses,
knowing that such dissemination, receipt, or use is for a purpose
other than authorized by law, commits a Class A misdemeanor.
As added by P.L.2-2003, SEC.4.