§ 12-1.5-15. Criminal penalties — Civil remedies.
(a) Any person who, by virtue of employment or official position, or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of a contractor, having possession of or access to individually identifiable DNA information contained in the state DNA database or in the state DNA databank and discloses it in any manner to any person or agency not authorized to receive it, commits a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or imprisonment for not more than one year, or both.
(b) Except as authorized by law, any person who, for purposes of having DNA analysis performed, obtains or attempts to obtain any DNA sample, or tampers or attempts to tamper with any DNA sample, commits a felony punishable by a fine not more than five thousand dollars ($5,000), or imprisonment for not more than five (5) years, or both.
(c) Any person aggrieved by a violation of § 12-1.5-14 may, in addition, bring a civil action for damages, injunctive relief, and reasonable attorneys’ fees.
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.