[§844D-83]  Knowing use or disclosure by
department employee of forensic identification information for other than
criminal identification or exclusion purposes.  (a)  If any employee of the
department knowingly uses an offender specimen, sample, or DNA profile
collected pursuant to this chapter for other than criminal identification or
exclusion purposes, or knowingly discloses DNA or other forensic identification
information developed pursuant to this section to an unauthorized individual or
agency for other than criminal identification or exclusion purposes or for
other than the identification of missing persons, in violation of this chapter,
the department shall be liable in civil damages to the donor of the DNA
identification information in the amount of $5,000 for each violation, plus
attorney's fees and costs.  In the event of multiple violations, total damages
shall not exceed $50,000 plus attorney's fees and costs.



(b)  Notwithstanding any other law to the
contrary, this section shall provide the sole and exclusive remedy against the
department and its employees available to the donor of the DNA.  The
department's employee disclosing DNA identification information in violation of
this chapter shall be absolutely immune from civil liability under any other
law. [L 2005, c 112, pt of §1]