WILLIAM DONALD SCHAEFER, Governor S.B. 298
(II) ADOPTING ADOPT APPROPRIATE REGULATIONS CONCERNING
SYSTEM PROTOCOLS AND OPERATION;
(III) ENSURING ENSURE COMPATIBILITY WITH FEDERAL BUREAU
OF INVESTIGATION AND CODIS REQUIREMENTS REQUIREMENTS, INCLUDING THE
USE OF COMPARABLE TEST PROCEDURES, QUALITY ASSURANCE, LABORATORY
EQUIPMENT, AND COMPUTER SOFTWARE; AND
(IV) ENSURING ENSURE THE SECURITY AND CONFIDENTIALITY OF
ALL RECORDS OF THE SYSTEM.
(C) PURSUANT TO RULES ADOPTED BY THE DIRECTOR UNDER THIS SECTION,
A A DNA SAMPLE SHALL BE COLLECTED FROM ANY PERSON WHO IS 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 AND, AS OF PRIOR TO OCTOBER 1, 1994, 1994 AND WHO REMAINS
INCARCERATED OR OTHERWISE UNDER THE SUPERVISION OF WITHIN THE
DIVISION OF CORRECTION OR THE DIVISION OF PAROLE AND PROBATION ON THAT
DATE SHALL SUBMIT A DNA SAMPLE AS A CONDITION OF RELEASE FROM THE
JURISDICTION CUSTODY OF THE APPROPRIATE AGENCY OF THE DEPARTMENT OF
PUBLIC SAFETY AND CORRECTIONAL SERVICES DIVISION OF CORRECTION.
(E) (1) DNA SAMPLES SHALL BE TESTED FOR THE FOLLOWING PURPOSES:
(I) TO ANALYZE AND TYPE THE GENETIC MARKERS CONTAINED
IN OR DERIVED FROM DNA SAMPLES;
(II) IN THE FURTHERANCE OF AN OFFICIAL INVESTIGATION INTO
A CRIMINAL OFFENSE;
(III) TO ASSIST IN THE IDENTIFICATION OF HUMAN REMAINS;
(IV) TO ASSIST IN THE IDENTIFICATION OF MISSING PERSONS; AND
(V) FOR RESEARCH AND ADMINISTRATIVE PURPOSES, INCLUDING:
1. DEVELOPMENT OF A POPULATION DATA BASE AFTER
PERSONAL IDENTIFYING INFORMATION IS REMOVED;
2. SUPPORT OF IDENTIFICATION RESEARCH AND
PROTOCOL DEVELOPMENT OF FORENSIC DNA ANALYSIS METHODS; AND
3. QUALITY CONTROL PURPOSES.
(2) (I) ONLY DNA RECORDS THAT DIRECTLY RELATE TO THE
IDENTIFICATION OF INDIVIDUALS SHALL BE COLLECTED AND STORED.
- 3523 -
|