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H.B. 1053
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VETOES
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2. UNDER THE FEDERAL BUREAU OF INVESTIGATION'S
QUALITY ASSURANCE STANDARDS FOR CONVICTED OFFENDER'S DNA DATA BASING
AND FORENSIC DNA TESTING LABORATORIES.
(4) Subject to subsection (o) of this section, records of testing shall be
permanently retained on file at the Crime Laboratory.
(1) (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.
(m) (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 (g)
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.
(iii) Nothing in this section limits a court from ordering any
discovery of a DNA record or other related material in a criminal case.
(iv) The Director shall maintain a file of all orders issued under this
paragraph.
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- 5314 -
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