Consultation with crime laboratories--DNA system, powers andduties--expert testimony--rulemaking authority.
650.052. 1. The state's DNA profiling system shall:
(1) Assist federal, state and local criminal justice and lawenforcement agencies in the identification, detection or exclusion ofindividuals who are subjects of the investigation or prosecution ofcriminal offenses in which biological evidence is recovered or obtained;and
(2) If personally identifiable information is removed, supportdevelopment of forensic validation studies, forensic protocols, and theestablishment and maintenance of a population statistics database forfederal, state, or local crime laboratories of law enforcement agencies;and
(3) Assist in the recovery or identification of human remains frommass disasters, or for other humanitarian purposes, includingidentification of missing persons.
2. The Missouri state highway patrol shall act as the centralrepository for the DNA profiling system and shall collaborate with theFederal Bureau of Investigation and other criminal justice agenciesrelating to the state's participation in CODIS and the National DNA IndexSystem or in any DNA database.
3. The Missouri state highway patrol may promulgate rules andregulations to implement the provisions of sections 650.050 to 650.100 inaccordance with Federal Bureau of Investigation recommendations for theform and manner of collection of blood or other scientifically acceptedbiological samples and other procedures for the operation of sections650.050 to 650.100. No rule or portion of a rule promulgated pursuant tothe authority of this section shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.
4. The Missouri state highway patrol shall provide the necessarycomponents for collection of the biological samples from qualifiedindividuals as defined in section 650.055 for the DNA profiling system.
(1) For qualified offenders as defined by section 650.055 who areunder custody and control of the department of corrections, the fingerprintand DNA sample collection shall be performed by the department ofcorrections and the division of probation and parole, or their authorizeddesignee or contracted third party.
(2) For qualified offenders as defined by section 650.055 who areunder custody and control of a city or county jail, the fingerprint and DNAsample collections shall be performed by the city or county jail or itsauthorized designee or contracted third party.
(3) For qualified offenders as defined by section 650.055 who areunder the custody and control of companies contracted by the county orcourt to perform supervision and/or treatment of the offender, thesheriff's department of the sentencing court shall perform the DNA samplecollection and obtain a fingerprint.
(4) For a person who is required to register as a sexual offenderunder sections 589.400 to 589.425, RSMo, the registering agency shallobtain the DNA sample and fingerprint.
5. The specimens shall thereafter be forwarded to the Missouri statehighway patrol crime laboratory. Any DNA profiling analysis or collectionof DNA samples by the state or any county performed pursuant to sections650.050 to 650.100 shall be subject to appropriations.
6. The state's participating forensic DNA laboratories shall meetquality assurance standards specified by the Missouri state highway patrolcrime laboratory and the Federal Bureau of Investigation to ensure qualityDNA identification records submitted to the central repository.
7. The state's participating forensic DNA laboratories may providethe system for identification purposes to criminal justice, law enforcementofficials and prosecutors in the preparation and utilization of DNAevidence for presentation in court and provide expert testimony in court onDNA evidentiary issues.
8. The department of public safety shall have the authority topromulgate rules and regulations to carry out the provisions of sections650.050 to 650.100. Any rule or portion of a rule, as that term is definedin section 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2004, shall beinvalid and void.
Consultation with crime laboratories--DNA system, powers andduties--expert testimony--rulemaking authority.
650.052. 1. The state's DNA profiling system shall:
(1) Assist federal, state and local criminal justice and lawenforcement agencies in the identification, detection or exclusion ofindividuals who are subjects of the investigation or prosecution ofcriminal offenses in which biological evidence is recovered or obtained;and
(2) If personally identifiable information is removed, supportdevelopment of forensic validation studies, forensic protocols, and theestablishment and maintenance of a population statistics database forfederal, state, or local crime laboratories of law enforcement agencies;and
(3) Assist in the recovery or identification of human remains frommass disasters, or for other humanitarian purposes, includingidentification of missing persons.
2. The Missouri state highway patrol shall act as the centralrepository for the DNA profiling system and shall collaborate with theFederal Bureau of Investigation and other criminal justice agenciesrelating to the state's participation in CODIS and the National DNA IndexSystem or in any DNA database.
3. The Missouri state highway patrol may promulgate rules andregulations to implement the provisions of sections 650.050 to 650.100 inaccordance with Federal Bureau of Investigation recommendations for theform and manner of collection of blood or other scientifically acceptedbiological samples and other procedures for the operation of sections650.050 to 650.100. No rule or portion of a rule promulgated pursuant tothe authority of this section shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.
4. The Missouri state highway patrol shall provide the necessarycomponents for collection of the biological samples from qualifiedindividuals as defined in section 650.055 for the DNA profiling system.
(1) For qualified offenders as defined by section 650.055 who areunder custody and control of the department of corrections, the fingerprintand DNA sample collection shall be performed by the department ofcorrections and the division of probation and parole, or their authorizeddesignee or contracted third party.
(2) For qualified offenders as defined by section 650.055 who areunder custody and control of a city or county jail, the fingerprint and DNAsample collections shall be performed by the city or county jail or itsauthorized designee or contracted third party.
(3) For qualified offenders as defined by section 650.055 who areunder the custody and control of companies contracted by the county orcourt to perform supervision and/or treatment of the offender, thesheriff's department of the sentencing court shall perform the DNA samplecollection and obtain a fingerprint.
(4) For a person who is required to register as a sexual offenderunder sections 589.400 to 589.425, RSMo, the registering agency shallobtain the DNA sample and fingerprint.
5. The specimens shall thereafter be forwarded to the Missouri statehighway patrol crime laboratory. Any DNA profiling analysis or collectionof DNA samples by the state or any county performed pursuant to sections650.050 to 650.100 shall be subject to appropriations.
6. The state's participating forensic DNA laboratories shall meetquality assurance standards specified by the Missouri state highway patrolcrime laboratory and the Federal Bureau of Investigation to ensure qualityDNA identification records submitted to the central repository.
7. The state's participating forensic DNA laboratories may providethe system for identification purposes to criminal justice, law enforcementofficials and prosecutors in the preparation and utilization of DNAevidence for presentation in court and provide expert testimony in court onDNA evidentiary issues.
8. The department of public safety shall have the authority topromulgate rules and regulations to carry out the provisions of sections650.050 to 650.100. Any rule or portion of a rule, as that term is definedin section 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2004, shall beinvalid and void.
Consultation with crime laboratories--DNA system, powers andduties--expert testimony--rulemaking authority.
650.052. 1. The state's DNA profiling system shall:
(1) Assist federal, state and local criminal justice and lawenforcement agencies in the identification, detection or exclusion ofindividuals who are subjects of the investigation or prosecution ofcriminal offenses in which biological evidence is recovered or obtained;and
(2) If personally identifiable information is removed, supportdevelopment of forensic validation studies, forensic protocols, and theestablishment and maintenance of a population statistics database forfederal, state, or local crime laboratories of law enforcement agencies;and
(3) Assist in the recovery or identification of human remains frommass disasters, or for other humanitarian purposes, includingidentification of missing persons.
2. The Missouri state highway patrol shall act as the centralrepository for the DNA profiling system and shall collaborate with theFederal Bureau of Investigation and other criminal justice agenciesrelating to the state's participation in CODIS and the National DNA IndexSystem or in any DNA database.
3. The Missouri state highway patrol may promulgate rules andregulations to implement the provisions of sections 650.050 to 650.100 inaccordance with Federal Bureau of Investigation recommendations for theform and manner of collection of blood or other scientifically acceptedbiological samples and other procedures for the operation of sections650.050 to 650.100. No rule or portion of a rule promulgated pursuant tothe authority of this section shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.
4. The Missouri state highway patrol shall provide the necessarycomponents for collection of the biological samples from qualifiedindividuals as defined in section 650.055 for the DNA profiling system.
(1) For qualified offenders as defined by section 650.055 who areunder custody and control of the department of corrections, the fingerprintand DNA sample collection shall be performed by the department ofcorrections and the division of probation and parole, or their authorizeddesignee or contracted third party.
(2) For qualified offenders as defined by section 650.055 who areunder custody and control of a city or county jail, the fingerprint and DNAsample collections shall be performed by the city or county jail or itsauthorized designee or contracted third party.
(3) For qualified offenders as defined by section 650.055 who areunder the custody and control of companies contracted by the county orcourt to perform supervision and/or treatment of the offender, thesheriff's department of the sentencing court shall perform the DNA samplecollection and obtain a fingerprint.
(4) For a person who is required to register as a sexual offenderunder sections 589.400 to 589.425, RSMo, the registering agency shallobtain the DNA sample and fingerprint.
5. The specimens shall thereafter be forwarded to the Missouri statehighway patrol crime laboratory. Any DNA profiling analysis or collectionof DNA samples by the state or any county performed pursuant to sections650.050 to 650.100 shall be subject to appropriations.
6. The state's participating forensic DNA laboratories shall meetquality assurance standards specified by the Missouri state highway patrolcrime laboratory and the Federal Bureau of Investigation to ensure qualityDNA identification records submitted to the central repository.
7. The state's participating forensic DNA laboratories may providethe system for identification purposes to criminal justice, law enforcementofficials and prosecutors in the preparation and utilization of DNAevidence for presentation in court and provide expert testimony in court onDNA evidentiary issues.
8. The department of public safety shall have the authority topromulgate rules and regulations to carry out the provisions of sections650.050 to 650.100. Any rule or portion of a rule, as that term is definedin section 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2004, shall beinvalid and void.
