WILLIAM DONALD SCHAEFER, Governor                            Ch. 458

INFORMATION IN ANY MANNER TO ANY PERSON OR AGENCY NOT ENTITLED TO
RECEIVE THAT INFORMATION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION
IS SUBJECT TO A FINE NOT EXCEEDING $1,000 OR IMPRISONMENT NOT EXCEEDING 3

YEARS OR BOTH.

(2) A PERSON WHO, WITHOUT AUTHORIZATION, WILLFULLY OBTAINS
INDIVIDUALLY IDENTIFIABLE DNA INFORMATION FROM THE STATEWIDE DNA
DATA BASE SYSTEM OR REPOSITORY IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000 OR IMPRISONMENT NOT
EXCEEDING 3 YEARS OR BOTH.

(B) (1) THERE IS CREATED WITHIN THE CRIME LABORATORY A STATEWIDE
DNA DATA BASE SYSTEM.

(2) THE SYSTEM SHALL BE THE CENTRAL REPOSITORY FOR ALL DNA
TESTING INFORMATION AS PROVIDED IN THIS SECTION.

(3) THE DIRECTOR SHALL:

(I) ADMINISTER AND MANAGE THE SYSTEM;

(II)     CONSULT WITH THE SUPERINTENDENT ON THE ADOPTION OF
APPROPRIATE REGULATIONS CONCERNING SYSTEM PROTOCOLS AND OPERATION;

(III)    ENSURE COMPATIBILITY WITH FEDERAL BUREAU OF
INVESTIGATION AND CODIS REQUIREMENTS, INCLUDING THE USE OF COMPARABLE
TEST PROCEDURES, QUALITY ASSURANCE, LABORATORY EQUIPMENT, AND COMPUTER
SOFTWARE; AND

(IV)    ENSURE THE SECURITY AND CONFIDENTIALITY OF ALL RECORDS
OF THE SYSTEM.

(4) THE SUPERINTENDENT, AFTER CONSULTATION WITH THE DIRECTOR,
SHALL ADOPT APPROPRIATE REGULATIONS CONCERNING SYSTEM PROTOCOLS AND
OPERATION.

(C)     PURSUANT TO REGULATIONS ADOPTED BY THE SUPERINTENDENT AFTER
CONSULTATION WITH THE DIRECTOR UNDER THIS SECTION, A PERSON CONVICTED OF A
QUALIFYING CRIME OF VIOLENCE SHALL:

(1) HAVE A DNA SAMPLE COLLECTED UPON INTAKE TO ANY PRISON OR
DETENTION FACILITY; OR

(2) IF NOT SENTENCED TO A TERM OF IMPRISONMENT, BE ORDERED BY
THE COURT TO PROVIDE A DNA SAMPLE AS A CONDITION OF SENTENCE.

(D)     A PERSON WHO HAS BEEN CONVICTED OF A QUALIFYING CRIME OF
VIOLENCE PRIOR TO OCTOBER 1, 1994 AND WHO REMAINS INCARCERATED ON THAT
DATE SHALL SUBMIT A. DNA SAMPLE TO THE DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES.

(E) (1) TO THE EXTENT FISCAL RESOURCES ARE AVAILABLE, DNA SAMPLES
SHALL BE TESTED FOR THE FOLLOWING PURPOSES:

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