§ 12-1.5-11 - DNA database exchange.
SECTION 12-1.5-11
§ 12-1.5-11 DNA database exchange. –It shall be the duty of the department of health to collect DNA samples, toreceive, store, and to perform analysis or to contract for DNA typing analysiswith a qualified DNA laboratory that meets the regulations as established bythe department of health, to classify and to file the DNA record ofidentification characteristic profiles of DNA samples submitted under thischapter and to make the information available as provided in this section.Access to the DNA databank shall be for identification analysis only and shallbe limited upon a showing of need to duly constituted federal, state and locallaw enforcement agencies and their servicing forensic DNA laboratories and bycourt order to the defendant or his or her attorney in a criminal case. Thecontents of the DNA record of individuals in the state DNA database shall bemade available:
(1) To criminal justice agencies or approved DNA forensiclaboratories which serve these agencies; or
(2) Upon written or electronic request and in furtherance ofan official investigation by a criminal justice agency or its designatedforensic laboratory of a criminal offense or offender or suspected offender;
(3) To prosecuting attorneys who are actively involved in acase in which the DNA record of an individual is relevant; to grand juries andcourts when such records are subpoenaed; to defense attorneys when the DNArecord is relevant to a pending case.
(4) The department of health shall consistent with theprovisions of this chapter promulgate regulations governing the methods ofobtaining information from the state DNA database and CODIS and procedures forverification of the identity and authority of the requester; and
(5) The department of health may create a separate populationdatabase comprised of DNA samples obtained under this chapter after allpersonal identification is removed. The department of heath may share ordisseminate the population database with other criminal justice agencies orforensic DNA laboratories that serve to assist the department of health withstatistical databases. The population database may be made available to andsearched by other agencies participating in the CODIS system.