WILLIAM DONALD SCHAEFER, Governor                           S.B. 298

(1) EACH DNA SAMPLE REQUIRED TO BE COLLECTED UNDER THIS
SECTION FROM PERSONS WHO ARE INCARCERATED AS OF OCTOBER 1, 1994 OR ARE
SENTENCED TO A TERM OF INCARCERATION AFTER THAT DATE SHALL BE COLLECTED
AT THE PLACE OF INCARCERATION; AND

(2) DNA SAMPLES FROM PERSONS WHO ARE NOT SENTENCED TO A TERM
OF CONFINEMENT SHALL BE COLLECTED AT A PRISON OR DETENTION FACILITY
SPECIFIED BY THE SENTENCING COURT.

(H) DNA SAMPLES TO BE SUBMITTED FOR ANALYSIS SHALL BE COLLECTED BY A:

(1)     CORRECTIONAL HEALTH NURSE TECHNICIAN;

(2)     PHYSICIAN;

(3)     REGISTERED NURSE;

(4)     LICENSED PRACTICAL NURSE;

(5)     LABORATORY TECHNICIAN; OR

(6)     PHLEBOTOMIST.

(I) (1) THE SUPERINTENDENT AFTER CONSULTATION WITH THE DIRECTOR,
SHALL ADOPT REGULATIONS GOVERNING THE PROCEDURES TO BE USED FOR:

(I) COLLECTION, SUBMISSION, IDENTIFICATION, ANALYSIS,
STORAGE, AND DISPOSAL OF DNA SAMPLES; AND

(II) ACCESS TO AND DISSEMINATION OF TYPING RESULTS AND
PERSONAL IDENTIFICATION INFORMATION OF SAMPLES THAT ARE SUBMITTED UNDER
THIS SECTION.

(2) (I) DNA SAMPLES SHALL BE SECURELY STORED IN THE STATEWIDE
DNA REPOSITORY.

(II) TYPING RESULTS SHALL BE SECURELY STORED IN THE
STATEWIDE DNA DATA BASE SYSTEM.

(3) (I) ANY PROCEDURE ADOPTED BY THE DIRECTOR SHALL INCLUDE
QUALITY ASSURANCE GUIDELINES TO ENSURE THAT DNA IDENTIFICATION RECORDS
MEET STANDARDS AND AUDIT REQUIREMENTS FOR LABORATORIES THAT SUBMIT DNA
RECORDS FOR INCLUSION IN THE STATEWIDE DNA DATA BASE SYSTEM AND CODIS.

(II) THE CRIME LABORATORY AND EACH ANALYST PERFORMING DNA
ANALYSES AT THE CRIME LABORATORY SHALL UNDERGO, AT REGULAR INTERVALS NOT
EXCEEDING 180 DAYS, EXTERNAL PROFICIENCY TESTING, INCLUDING AT LEAST ONE
EXTERNAL BLIND TEST, BY A DNA PROFICIENCY TESTING PROGRAM THAT MEETS THE
STANDARDS ISSUED:

1. UNDER SECTION 1003 OF THE FEDERAL DNA
IDENTIFICATION ACT OF 1993; OR

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