§ 12-1.5-11. DNA database exchange.
It shall be the duty of the department of health to collect DNA samples, to receive, store, and to perform analysis or to contract for DNA typing analysis with a qualified DNA laboratory that meets the regulations as established by the department of health, to classify and to file the DNA record of identification characteristic profiles of DNA samples submitted under this chapter and to make the information available as provided in this section. Access to the DNA databank shall be for identification analysis only and shall be limited upon a showing of need to duly constituted federal, state and local law enforcement agencies and their servicing forensic DNA laboratories and by court order to the defendant or his or her attorney in a criminal case. The contents of the DNA record of individuals in the state DNA database shall be made available:
(1) To criminal justice agencies or approved DNA forensic laboratories which serve these agencies; or
(2) Upon written or electronic request and in furtherance of an official investigation by a criminal justice agency or its designated forensic laboratory of a criminal offense or offender or suspected offender;
(3) To prosecuting attorneys who are actively involved in a case in which the DNA record of an individual is relevant; to grand juries and courts when such records are subpoenaed; to defense attorneys when the DNA record is relevant to a pending case.
(4) The department of health shall consistent with the provisions of this chapter promulgate regulations governing the methods of obtaining information from the state DNA database and CODIS and procedures for verification of the identity and authority of the requester; and
(5) The department of health may create a separate population database comprised of DNA samples obtained under this chapter after all personal identification is removed. The department of health may share or disseminate the population database with other criminal justice agencies or forensic DNA laboratories that serve to assist the department of health with statistical databases. The population database may be made available to and searched by other agencies participating in the CODIS system.
History of Section.P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 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.