S.B. 298

VETOES

2. UNDER THE GUIDELINES FOR A QUALITY ASSURANCE
PROGRAM FOR DNA ANALYSIS (KNOWN AS THE "TWGDAM" GUIDELINES).

(4) SUBJECT TO SUBSECTION (M) OF THIS SECTION, RECORDS OF TESTING
SHALL BE PERMANENTLY RETAINED ON FILE AT THE CRIME LABORATORY.

(J) (1) THE CRIME LABORATORY SHALL:

(I) RECEIVE DNA SAMPLES FOR ANALYSIS, CLASSIFICATION, AND
STORAGE;.

(II)     FILE THE DNA RECORD OF IDENTIFICATION CHARACTERISTIC
PROFILES OF DNA SAMPLES SUBMITTED TO THE LABORATORY; AND

(III)    MAKE INFORMATION RELATING TO DNA SAMPLES AND DNA
RECORDS AVAILABLE TO OTHER AGENCIES AND INDIVIDUALS AS AUTHORIZED BY THIS
SECTION.

(2) THE DIRECTOR MAY CONTRACT WITH A QUALIFIED DNA LABORATORY
THAT MEETS THE GUIDELINES ESTABLISHED BY THE DIRECTOR TO COMPLETE DNA
TYPING ANALYSES.

(K) (1) THE TYPING RESULTS AND PERSONAL IDENTIFICATION INFORMATION
OF THE DNA PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA DATA BASE SYSTEM
MAY BE MADE AVAILABLE TO THE FOLLOWING AGENCIES OR PERSONS UPON WRITTEN
OR ELECTRONIC REQUEST AFTER VERIFICATION BY THE DIRECTOR THAT A MATCH HAS
BEEN MADE IN THE POPULATION DATA BASE AND THE REQUEST IS IN THE
FURTHERANCE OF ANY OF THE PURPOSES SET FORTH IN SUBSECTION (E) OF THIS
SECTION:

(I) FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES;

                            (II) CRIME LABORATORIES THAT SERVE FEDERAL, STATE, AND LOCAL

LAW ENFORCEMENT AGENCIES THAT HAVE BEEN APPROVED BY THE DIRECTOR;

(III)   A STATE'S ATTORNEY'S OFFICE OR OTHER PROSECUTORIAL
OFFICE; AND

(IV)    ANY PERSON PARTICIPATING IN A JUDICIAL PROCEEDING IN
WHICH THE DATA BASE INFORMATION MAY BE OFFERED AS EVIDENCE.

(2) (I) THE TYPING RESULTS AND PERSONAL IDENTIFICATION
INFORMATION OF THE DNA PROFILE OF AN INDIVIDUAL IN THE STATEWIDE DNA DATA
BASE SYSTEM SHALL BE MADE AVAILABLE TO A DEFENDANT OR A DEFENDANT'S
COUNSEL ON WRITTEN ORDER OF THE COURT IN WHICH THE CASE IS PENDING.

(II) A SEARCH OF THE DATA BASE SHALL BE CONDUCTED TO
DETERMINE THE EXISTENCE OF A MATCH TO DNA OBTAINED FROM CRIME SCENE
EVIDENCE TAKEN IN RELATION TO THE CRIME FOR WHICH A DEFENDANT IS CHARGED
IF, UPON THE REQUEST OF THAT. DEFENDANT, A WRITTEN COURT ORDER COMMANDS
THE DATA BASE SEARCH.

- 3530 -