PART
VIII.  DATA SHARING; POPULATION DATABASE OR DATA BANK INFORMATION; PROTOCOL,
QUALITY CONTROL OR METHODOLOGY;



SAMPLE
SHARING; LOCAL DNA LABORATORIES; DISPOSAL



 



[§844D-91]  Department permitted to share
data, information, and samples.  (a)  Nothing in this chapter shall
prohibit the department from sharing or disseminating state DNA database and
data bank identification program information or any analytical data and results
generated for program purposes, or protocol and forensic DNA analysis methods and
quality assurance or quality control procedures with any of the following:



(1)  Federal, state, or local law enforcement
agencies;



(2)  Crime laboratories, whether public or private,
that serve federal, state, and local law enforcement agencies that have been
approved by the department;



(3)  The attorney general's office of any state;



(4)  Any state or federally authorized auditing agent
or board that inspects or reviews the work of the department:



(A)  To ensure that the department meets
American Society of Crime Laboratory Directors/Laboratory Accreditation Board
and FBI standards for accreditation and quality assurance standards necessary
under this chapter; and



(B)  To allow the State to participate in the
FBI's Combined DNA Index System and other national or international
crime-solving networks; or



(5)  Any third party that the department deems
necessary to assist the department's crime laboratory with statistical analyses
of the population database or to assist in the recovery or identification of human
remains for humanitarian purposes, including identification of missing persons.



(b)  The population databases and data banks of
the department may be made available to and searched by the FBI and any other
agency participating in the FBI's Combined DNA Index System or any other
national or international law enforcement database or data bank system.



(c)  The department may provide portions of
biological samples, including blood specimens, saliva samples, and buccal swab
samples collected pursuant to this chapter to local public law enforcement DNA
laboratories for identification purposes; provided that the privacy provisions
of this chapter are followed by the local public law enforcement laboratory and
if each of the following conditions is met:



(1)  The procedures used by the local public DNA
laboratory for the handling of specimens and samples and the disclosure of
results are the same as those established by the department pursuant to this
chapter;



(2)  The methodologies and procedures used by the local
public DNA laboratory for DNA or forensic identification analysis are
compatible with those used by the department, or otherwise are determined by
the department to be valid and appropriate for identification purposes;



(3)  Only tests of value to law enforcement for
identification purposes are performed and a copy of the results of the analysis
are sent to the department;



(4)  All provisions of this chapter concerning privacy
and security are followed; and



(5)  The local public law enforcement DNA laboratory
assumes all costs of securing the specimens and samples and provides
appropriate tubes, labels, and materials necessary to secure the specimens and
samples. [L 2005, c 112, pt of §1]