S.B. 298

VETOES

(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:

(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.

(II) THESE RECORDS MAY NOT BE USED FOR ANY PURPOSES OTHER
THAN THOSE SPECIFIED IN THIS SECTION.

(F) (1) THE DNA RECORD OF IDENTIFICATION CHARACTERISTICS RESULTING
FROM THE DNA TESTING SHALL BE STORED AND MAINTAINED BY THE CRIME
LABORATORY IN THE STATEWIDE DNA DATA BASE SYSTEM.

(2) THE DNA SAMPLE SHALL BE STORED AND MAINTAINED BY THE CRIME
LABORATORY IN THE STATEWIDE DNA REPOSITORY.

(G) PURSUANT TO REGULATIONS ADOPTED BY THE SUPERINTENDENT, AFTER
CONSULTATION WITH THE DIRECTOR:

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