§844D-82 - Confidentiality.
[§844D-82] Confidentiality. (a)
Non-DNA forensic identification information may be filed with the other
computerized data bank or database systems maintained by the department.
(b) The DNA and other forensic identification
information retained by the department pursuant to this chapter shall not be
included in the state summary criminal history information. However, nothing
in this chapter precludes law enforcement personnel from entering into a
person's criminal history information or offender file maintained by the
department, the fact that the specimens, samples, or print impressions required
by this chapter have or have not been collected from that person.
(c) The fact that the specimens, samples, or
print impressions required by this chapter have been received by the department
shall be included in the state summary criminal history information as soon as
administratively practicable.
(d) The print impressions of each hand shall
be filed and maintained by the department of the attorney general, and may be
included in the state summary criminal history information.
(e) DNA samples, DNA profiles, and other
forensic identification information shall be released only to law enforcement
agencies, including but not limited to the department of the attorney general,
parole officers of the department of public safety, hearing officers of the
parole authority, probation officers, the department, and prosecuting
attorneys' offices, unless otherwise specifically authorized [by] this chapter.
(f) Dissemination of DNA specimens, samples,
and DNA profiles, and other forensic identification information to law
enforcement agencies and prosecutors outside this State shall be performed in
conformity with the provisions of this chapter.
(g) A defendant's DNA and other forensic
identification information developed pursuant to this chapter shall be
available to the person's defense counsel upon court order.
(h) Except as provided in subsection (g) and
to protect the confidentiality and privacy of state DNA database and data bank
identification program information, the department and DNA laboratories shall
not otherwise be compelled in a criminal or civil proceeding to provide any DNA
profile or database or data bank information, or information on its computer database
program software or structures to any person or party seeking such records or
information whether by subpoena or discovery, or other procedural device or
inquiry. [L 2005, c 112, pt of §1]