[§844D-53]  Analysis of forensic
identification profiles.  A biological sample obtained from a suspect in a
criminal investigation for the commission of any crime may be analyzed for
forensic identification profiles, including DNA profiles, by any private or law
enforcement crime laboratory accredited by the American Society of Crime
Laboratory Directors/Laboratory Accreditation Board or any certifying body
approved by the  Director of the FBI and then compared by the department, in
and between, as many cases and investigations as necessary, and searched
against the forensic identification profiles, including DNA profiles, stored in
the files of the state DNA database or data bank identification program or any
available data banks or databases as part of the state DNA database and data
bank identification program.  The law enforcement investigating agency
submitting a specimen, sample, or print impression to the department or law
enforcement crime laboratory pursuant to this section shall inform the department
within two years whether the person remains a suspect in a criminal
investigation.  Upon written notification from a law enforcement agency that a
person is no longer a suspect in a criminal investigation, the department shall
remove the suspect sample from its data bank files.  However, any
identification, warrant, arrest, or prosecution based upon a data bank or
database match shall not be invalidated or dismissed due to a failure to purge
or a delay in purging records. [L 2005, c 112, pt of §1]