CHAPTER 6. INDIANA DNA DATA BASE
IC 10-13-6
Chapter 6. Indiana DNA Data Base
IC 10-13-6-1
"Combined DNA Index System"
Sec. 1. As used in this chapter, "Combined DNA Index System"refers to the Federal Bureau of Investigation's national DNAidentification index system that allows the storage and exchange ofDNA records submitted by state and local forensic DNAlaboratories.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-2
"DNA"
Sec. 2. As used in this chapter, "DNA" means deoxyribonucleicacid that:
(1) is located in the nucleated cells;
(2) provides an individual's personal genetic blueprint; and
(3) encodes genetic information that is the basis of humanheredity and forensic identification.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-3
"DNA analysis"
Sec. 3. As used in this chapter, "DNA analysis" means anidentification process in which the unique genetic code of anindividual that is carried by the individual's DNA is compared withthe genetic codes of another individual.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-4
"DNA profile"
Sec. 4. As used in this chapter, "DNA profile" means the resultsof all DNA identification tests on an individual's DNA sample.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-5
"DNA record"
Sec. 5. As used in this chapter, "DNA record" refers to DNAidentification information stored in the state DNA data base or theCombined DNA Index System for the purpose of generatinginvestigative leads or supporting statistical interpretation of DNAtest results that:
(1) is the result obtained from DNA typing tests; and
(2) is comprised of the characteristics of a DNA sample that areof value in establishing the identity of individuals.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-6
"DNA sample" Sec. 6. As used in this chapter, "DNA sample" means a blood,tissue, or other body fluid sample:
(1) provided by a person with respect to offenses covered bythis chapter; or
(2) submitted to the state police laboratory under this chapterfor analysis or storage, or both.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-7
"Superintendent"
Sec. 7. As used in this chapter, "superintendent" includes thesuperintendent or the superintendent's designee.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-8
Establishment of DNA data base; mandatory and discretionarytesting and analysis
Sec. 8. (a) The superintendent may establish a data base of DNAidentification records of:
(1) convicted criminals;
(2) crime scene specimens;
(3) unidentified missing persons; and
(4) close biological relatives of missing persons.
(b) The superintendent shall maintain the Indiana DNA data base.
(c) The superintendent may contract for services to perform DNAanalysis of convicted offenders under section 10 of this chapter toassist federal, state, and local criminal justice and law enforcementagencies in the putative identification, detection, or exclusion ofindividuals who are subjects of an investigation or prosecution of asex offense, a violent crime, or another crime in which biologicalevidence is recovered from the crime scene.
(d) The superintendent:
(1) may perform or contract for performance of testing, typing,or analysis of a DNA sample collected from a person describedin section 10 of this chapter at any time; and
(2) shall perform or contract for the performance of testing,typing, or analysis of a DNA sample collected from a persondescribed in section 10 of this chapter if federal funds becomeavailable for the performance of DNA testing, typing, oranalysis.
(e) The superintendent shall adopt rules under IC 4-22-2necessary to administer and enforce the provisions and intent of thischapter.
(f) The detention, arrest, or conviction of a person based on a database match or data base information is not invalidated if a courtdetermines that the DNA sample was obtained or placed in theIndiana DNA data base by mistake.
As added by P.L.2-2003, SEC.4. Amended by P.L.69-2005, SEC.1and P.L.142-2005, SEC.1.
IC 10-13-6-9
Duties of superintendent
Sec. 9. The superintendent shall ensure that the Indiana DNA database:
(1) supports development of a population statistics data basewhen personal identifying information is removed;
(2) supports identification research and protocol developmentof forensic DNA analysis;
(3) assists in achieving quality control; and
(4) assists in the recovery or identification of human remainsfrom mass disasters or for other humanitarian purposes,including identification of missing persons who may be alive.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-9.5
DNA sample processing fund
Sec. 9.5. (a) The DNA sample processing fund is established forthe purpose of funding the collection, shipment, analysis, andpreservation of DNA samples and the conduct of a DNA data baseprogram under this chapter. The fund shall be administered by thesuperintendent.
(b) The expenses of administering the fund shall be paid frommoney in the fund.
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.176-2005, SEC.1.
IC 10-13-6-10
Persons required to provide DNA sample
Sec. 10. (a) This section applies to the following:
(1) A person convicted of a felony under IC 35-42 (offensesagainst the person) or IC 35-43-2-1 (burglary):
(A) after June 30, 1996, whether or not the person issentenced to a term of imprisonment; or
(B) before July 1, 1996, if the person is held in jail or prisonon or after July 1, 1996.
(2) A person convicted of a criminal law in effect beforeOctober 1, 1977, that penalized an act substantially similar to afelony described in IC 35-42 or IC 35-43-2-1 or that would havebeen an included offense of a felony described in IC 35-42 orIC 35-43-2-1 if the felony had been in effect:
(A) after June 30, 1998, whether or not the person issentenced to a term of imprisonment; or
(B) before July 1, 1998, if the person is held in jail or prisonon or after July 1, 1998.
(3) A person convicted of a felony, conspiracy to commit afelony, or attempt to commit a felony: (A) after June 30, 2005, whether or not the person issentenced to a term of imprisonment; or
(B) before July 1, 2005, if the person is held in jail or prisonon or after July 1, 2005.
(b) A person described in subsection (a) shall provide a DNAsample to the:
(1) department of correction or the designee of the departmentof correction if the offender is committed to the department ofcorrection;
(2) county sheriff or the designee of the county sheriff if theoffender is held in a county jail or other county penal facility,placed in a community corrections program (as defined inIC 35-38-2.6-2), or placed on probation; or
(3) agency that supervises the person, or the agency's designee,if the person is on conditional release in accordance withIC 35-38-1-27.
A person is not required to submit a blood sample if doing so wouldpresent a substantial and an unreasonable risk to the person's health.
(c) The detention, arrest, or conviction of a person based on a database match or data base information is not invalidated if a courtdetermines that the DNA sample was obtained or placed in theIndiana DNA data base by mistake.
As added by P.L.2-2003, SEC.4. Amended by P.L.69-2005, SEC.2and P.L.142-2005, SEC.2; P.L.140-2006, SEC.8 and P.L.173-2006,SEC.8.
IC 10-13-6-11
Guidelines for DNA sample collection and shipment
Sec. 11. (a) The superintendent may issue specific guidelinesrelating to procedures for DNA sample collection and shipmentwithin Indiana for DNA identification testing.
(b) The superintendent shall issue specific guidelines related toprocedures for DNA sample collection and shipment by the:
(1) county sheriff or designee of the county sheriff undersection 10(b)(2) of this chapter; or
(2) supervising agency or designee of the supervising agencyunder section 10(b)(3) of this chapter.
The superintendent shall provide each county sheriff and supervisingagency with the guidelines issued under this subsection. A countysheriff and supervising agency shall collect and ship DNA samplesin compliance with the guidelines issued under this subsection.
(c) The superintendent may delay the implementation of thecollection of DNA samples under section 10(b)(2) or 10(b)(3) of thischapter in one (1) or more counties until the earlier of the following:
(1) A date set by the superintendent.
(2) The date funding becomes available by grant through thecriminal justice institute.
If the superintendent delays implementation of section 10(b)(2) or10(b)(3) of this chapter or terminates a delay under section 10(b)(2)or 10(b)(3) of this chapter in any county, the superintendent shall
notify the county sheriff in writing of the superintendent's action.
As added by P.L.2-2003, SEC.4. Amended by P.L.140-2006, SEC.9and P.L.173-2006, SEC.9.
IC 10-13-6-12
Collection of samples
Sec. 12. DNA samples for the Indiana DNA data base must becollected in a medically approved manner by one (1) of thefollowing:
(1) A physician.
(2) A registered nurse.
(3) A licensed vocational nurse.
(4) A licensed clinical laboratory technologist.
(5) Any other person trained to collect DNA samples properly.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-13
Purposes of testing
Sec. 13. (a) Tests performed on the DNA samples are for thefollowing purposes:
(1) To analyze and type the genetic markers contained in orderived from DNA.
(2) For law enforcement identification purposes.
(3) For research or administrative purposes, including:
(A) development of a population statistics data base afterpersonal identifying information is removed;
(B) support of identification research and protocoldevelopment of forensic DNA analysis methods;
(C) quality control; and
(D) assisting in the recovery or identification of humanremains from mass disasters or for other humanitarianpurposes, including identification of missing persons whomay be alive.
(b) Tests performed under this chapter must be conducted in amanner that produces compatible results with procedures specifiedby the Federal Bureau of Investigation Laboratory to ensure thatDNA records are fully exchangeable between DNA laboratories.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-14
Adherence to nationally recognized standards
Sec. 14. (a) A laboratory conducting forensic DNA analysis inIndiana must implement and follow nationally recognized standardsfor DNA quality assurance and proficiency testing, such as thoseapproved by the American Society of Crime Laboratory DirectorsLaboratory Accreditation Board.
(b) Quality assurance guidelines issued by the Technical WorkingGroup on DNA Analysis Methods serve as the standard for DNAtesting under this chapter until national standards are set.
(c) A laboratory conducting forensic DNA analysis in Indiana
shall forward relevant DNA data base records to the state policelaboratory.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-15
Disclosure of DNA samples and analysis
Sec. 15. A laboratory conducting forensic DNA analysis inIndiana may disclose or allow access to collected DNA samples andDNA analysis results only under the following circumstances:
(1) To criminal justice agencies for law enforcementidentification purposes.
(2) To defense counsel for criminal defense purposes.
(3) Upon authorization by a court or statute.
(4) For a population statistics data base, identification researchand protocol development, or quality control purposes, but onlyif personal identifying information is removed.
(5) For purposes of postconviction DNA testing and analysisunder IC 35-38-7.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-16
Collection of information for certain purposes prohibited
Sec. 16. The information contained in the Indiana DNA data basemay not be collected or stored to obtain information about humanphysical traits or predisposition for disease.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-17
Personal information limited
Sec. 17. Personal information stored in the Indiana DNA data baseis limited to:
(1) data necessary to:
(A) generate investigative leads; and
(B) support statistical interpretation of test results; and
(2) any other information necessary to allow for the successfulimplementation of the Indiana DNA data base system.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-18
Expungement of DNA profile
Sec. 18. (a) A person whose DNA profile has been included in theIndiana DNA data base may request expungement of the profile fromthe DNA data base on the grounds that the conviction on which theauthority for inclusion in the Indiana DNA data base was foundedhas been reversed and the case has been dismissed.
(b) All identifiable information in the Indiana DNA data basepertaining to a person requesting expungement under subsection (a)shall be expunged, and all samples from the person shall bedestroyed upon receipt of:
(1) a written request for expungement under subsection (a); (2) a certified copy of the court order reversing and dismissingthe conviction; and
(3) any other information necessary to ascertain the validity ofthe request.
(c) Upon expungement of a person's DNA profile from the IndianaDNA data base, the superintendent shall request expungement of theperson's DNA profile from the national DNA data base.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-19
Access to DNA data base
Sec. 19. (a) Access to the Indiana DNA data base is limited tofederal, state, and local law enforcement agencies through theirservicing forensic DNA laboratories.
(b) The superintendent shall take appropriate measures to ensurethat the Indiana DNA data base is protected against unauthorizedaccess.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-20
Denial of privileges due to failure to follow quality control andprivacy standards
Sec. 20. The superintendent may deny the privilege of alaboratory performing forensic DNA analysis within Indiana toexchange DNA identification records with federal, state, or localcriminal justice agencies if required quality control and privacystandards described in this chapter for the Indiana DNA data base arenot met by the laboratory.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-21
Unlawful tampering
Sec. 21. A person who knowingly or intentionally without lawfulauthority tampers with or attempts to tamper with any DNA sampleor a container collected under section 10 of this chapter commits aClass D felony.
As added by P.L.2-2003, SEC.4.
IC 10-13-6-22
Unlawful use of data base information or DNA samples
Sec. 22. A person who knowingly or intentionally disseminates,receives, or otherwise uses or attempts to use information in theIndiana DNA data base or DNA samples used in DNA analyses,knowing that such dissemination, receipt, or use is for a purposeother than authorized by law, commits a Class A misdemeanor.
As added by P.L.2-2003, SEC.4.