WILLIAM DONALD SCHAEFER, Governor

Ch. 458

(K) (1) THE TYPING RESULTS AND PERSONAL IDENTIFICATION

INFORMATION OF THE DNA PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA
DATA BASE SYSTEM MAY BE MADE AVAILABLE TO THE FOLLOWING AGENCIES OR
PERSONS UPON WRITTEN OR ELECTRONIC REQUEST AFTER VERIFICATION BY THE
DIRECTOR THAT A MATCH HAS BEEN MADE IN THE POPULATION DATA BASE AND
THE REQUEST IS IN THE FURTHERANCE OF AN OFFICIAL INVESTIGATION OR
PROSECUTION OF A CRIMINAL OFFENSE:

(I) FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES;

(II) CRIME LABORATORIES THAT SERVE FEDERAL, STATE, AND
LOCAL LAW ENFORCEMENT AGENCIES THAT HAVE BEEN APPROVED BY THE
DIRECTOR; AND

(III) THE STATE'S ATTORNEY'S OFFICE OR OTHER PROSECUTORIAL

OFFICE; AND

(IV) ANY PERSON PARTICIPATING IN A JUDICIAL PROCEEDING IN
WHICH THE DATA BASE INFORMATION MAY BE OFFERED AS EVIDENCE.

(2) (I) THE TYPING RESULTS AND PERSONAL IDENTIFICATION
INFORMATION OF THE DNA PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA
DATA BASE SYSTEM MAY ALSO BE MADE AVAILABLE TO OTHER PARTIES OF
INTEREST UPON WRITTEN ORDER OF THE COURT AFTER AN APPROPRIATE
HEARING HAS BEEN CONDUCTED SHALL BE MADE AVAILABLE TO A DEFENDANT OR
A DEFENDANT'S COUNSEL ON WRITTEN ORDER OF THE COURT.

(II) A SEARCH OF THE DATA BASE SHALL BE CONDUCTED TO
DETERMINE THE EXISTENCE OF A MATCH TO DNA OBTAINED FROM CRIME SCENE
EVIDENCE TAKEN IN RELATION TO THE CRIME FOR WHICH A DEFENDANT IS
CHARGED IF, UPON THE REQUEST OF THAT DEFENDANT, A WRITTEN COURT ORDER
COMMANDS THE DATA BASE SEARCH.

(III) NOTHING IN THIS SECTION LIMITS A COURT FROM ORDERING
ANY DISCOVERY OF A DNA RECORD OR OTHER RELATED MATERIAL IN A CRIMINAL
CASE.

(II) (IV) THE DIRECTOR SHALL MAINTAIN A FILE OF ALL ORDERS
ISSUED UNDER THIS PARAGRAPH.

(3) THE DIRECTOR SHALL ADOPT RULES SUPERINTENDENT, AFTER
CONSULTATION WITH THE DIRECTOR, SHALL ADOPT REGULATIONS GOVERNING
THE METHODS OF OBTAINING INFORMATION FROM THE STATEWIDE DNA DATA
BASE SYSTEM AND CODIS WHICH SHALL INCLUDE PROCEDURES FOR VERIFICATION
OF THE IDENTITY AND AUTHORITY OF THE REQUESTER.

(4) (I) THE DIRECTOR SHALL CREATE A POPULATION DATA-BASE
COMPRISED OF DNA SAMPLES OBTAINED UNDER THIS SECTION.

(II) ALL PERSONAL IDENTIFIERS SHALL BE REMOVED BEFORE THE
INFORMATION IS ENTERED INTO THE POPULATION DATA BASE.

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