§ 12-1.5-1. Policy. [Contingent amendment; see other version.]
The general assembly finds and declares that DNA databanks and DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, and in deterring and detecting recidivism. Many states have enacted laws requiring persons arrested for, or convicted of, a crime of violence, or persons convicted of any felony, to provide genetic samples for DNA profiling. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations. It is therefore in the best interest of the state to establish a DNA databank and a DNA database containing DNA samples and DNA records of individuals arrested for any crime of violence as defined in § 12-1.5-2, or convicted of certain sexual and violent offenses, or convicted of any felony as defined in the general laws of Rhode Island, and missing persons.
History of Section.P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2004, ch. 391, § 1; P.L. 2004, ch. 455, § 1; P.L. 2014, ch. 176, § 1; P.L. 2014, ch. 192, § 1.
§ 12-1.5-1. Policy. [Contingent effective date; see note.]
The general assembly finds and declares that DNA databanks and DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, and in deterring and detecting recidivism. Many states have enacted laws requiring persons arrested for, or convicted of, a crime of violence as defined in § 12-1.5-2 to provide genetic samples for DNA profiling. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations. It is in the best interest of the state to establish a DNA databank and a DNA database containing DNA samples and DNA records of individuals arrested for any crime of violence as defined in § 12-1.5-2 or convicted of a crime of violence as defined in § 11-47-2, or convicted of any felony as defined in the general laws of Rhode Island, and missing persons.
History of Section.P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2001, ch. 42, § 2; P.L. 2001, ch. 76, § 2; P.L. 2004, ch. 391, § 1; P.L. 2004, ch. 455, § 1; P.L. 2014, ch. 176, § 1; P.L. 2014, ch. 192, § 1.
Structure Rhode Island General Laws
Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders
Section 12-1.5-1. - Policy. [Contingent amendment; see other version.]
Section 12-1.5-2. - Definitions.
Section 12-1.5-3. - Powers and duties of the department of health.
Section 12-1.5-4. - State DNA database.
Section 12-1.5-5. - State DNA databank.
Section 12-1.5-6. - Procedural compatibility with F.B.I.
Section 12-1.5-7. - Scope and applicability. [Contingent amendment; see other version.]
Section 12-1.5-8. - DNA sample required upon arrest or conviction for any crime of violence.
Section 12-1.5-9. - Procedures for withdrawal, collection and transmission of DNA samples.
Section 12-1.5-10. - Procedures for conduct, disposition and use of DNA analysis.
Section 12-1.5-11. - DNA database exchange.
Section 12-1.5-12. - Cancellation of authority to access or exchange DNA records.
Section 12-1.5-13. - Expungement.
Section 12-1.5-14. - Prohibition and disclosure.
Section 12-1.5-15. - Criminal penalties — Civil remedies.
Section 12-1.5-16. - Confidentiality of records.
Section 12-1.5-17. - Bailed and convicted persons — Refusal to give DNA sample.