WILLIAM DONALD SCHAEFER, Governor                           S.B. 298

(3) (2) EXPUNGEMENT PROCEEDINGS SHALL BE CONDUCTED IN
ACCORDANCE WITH ARTICLE 27, § 737 OF THE CODE.

(4) (3) UPON RECEIPT OF AN ORDER OF EXPUNGEMENT, THE
DIRECTOR SHALL PURGE THE ANY DNA RECORD AND ALL, DNA SAMPLE, OR OTHER
IDENTIFIABLE INFORMATION COVERED BY THE ORDER FROM THE STATEWIDE DNA
DATA BASE SYSTEM, SYSTEM AND THE DNA SAMPLE STORED IN THE STATEWIDE
DNA REPOSITORY, THAT IS COVERED BY THE ORDER. IF THE PERSON HAS MORE
THAN ONE ENTRY IN THE DATA BASE AND REPOSITORY, THEN ONLY THE ENTRY
COVERED BY THE EXPUNGEMENT ORDER SHALL BE PURGED.

(m) (1) A PERSON WHO, BY VIRTUE OF EMPLOYMENT OR OFFICIAL
POSITION, HAS POSSESSION OF OR ACCESS TO INDIVIDUALLY IDENTIFIABLE DNA
INFORMATION CONTAINED IN THE STATEWIDE DNA DATA BASE SYSTEM OR
STATEWIDE DNA REPOSITORY AND WHO WILLFULLY DISCLOSES THAT
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.

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