[§844D-84]  When disclosure is not a
violation.  (a)  It is not a violation of this chapter for a law
enforcement agency, in its discretion, to publicly disclose the fact of a DNA
profile match, or the name of the person identified by the DNA match when this
match is the basis of law enforcement's investigation, arrest, or prosecution
of a particular person, or the identification of a missing or abducted person.



(b)  It is not a violation of this chapter to
furnish DNA or other forensic identification information of the defendant to
the person's defense counsel for criminal defense purposes in compliance with
discovery.



(c)  It is not a violation of this chapter for
law enforcement to release DNA and other forensic identification information
developed pursuant to this chapter to a jury or grand jury, or in a document
filed with a court or administrative agency, or as part of a judicial or
administrative proceeding, or for this information to become part of the public
transcript or record of proceedings when, in the discretion of law enforcement,
disclosure is necessary because the DNA information pertains to the basis for
law enforcement's identification, arrest, investigation, prosecution, or
exclusion of a particular person related to the case.



(d)  It is not a violation of this chapter to
include information obtained from a file in a transcript or record of a
judicial proceeding, or in any other public record when the inclusion of the
information in the public record is authorized by a court, statute, or
decisional law.



(e)  It is not a violation of this chapter for
the department, or an organization retained as an agent of the department, or a
local public laboratory to use anonymous records or criminal history
information obtained pursuant to this chapter for training, research,
statistical analysis of populations, or quality assurance or quality control.
[L 2005, c 112, pt of §1]