CHAPTER 31-13
DNA ANALYSIS
31-13-01. Definitions. As used in this chapter, unless the context otherwise requires:
1.
"Department" means the department of corrections and rehabilitation.
2.
"DNA" means deoxyribonucleic acid.
3.
"Laboratory" means the state crime laboratory.
31-13-02. DNA testing - Admissibility as evidence. In any court proceeding, DNA
testing is deemed to be a reliable scientific technique, and the evidence of a DNA profile<br>comparison must be admitted as prima facie evidence to prove or disprove the identity of any<br>person. This section does not otherwise limit the introduction of any relevant evidence bearing<br>upon any question at issue before the court. The court, regardless of the results of the DNA<br>analysis, if any, shall consider other relevant evidence of the identity of the person as is<br>admissible in evidence.
31-13-03. Persons to be tested - Costs.
1.
A person eighteen years of age or over who is arrested for the commission of a<br>felony shall provide correctional personnel upon booking a sample of blood or other<br>body fluids for DNA law enforcement identification purposes and inclusion in the law<br>enforcement identification databases.
If it is determined that the person's DNA
sample is included in the law enforcement identification databases, an additional<br>sample is not required.
2.
The provisions of this subsection apply only if a person's DNA sample is not already<br>included in the law enforcement identification databases. The court shall order any<br>person convicted on or after August 1, 1995, of any sexual offense or attempted<br>sexual offense in violation of section 12.1-20-03, 12.1-20-03.1, 12.1-20-04,<br>12.1-20-05, or 12.1-20-06, subdivision e or f of subsection 1 of section 12.1-20-07,<br>or section 12.1-20-11 or any other offense when the court finds at sentencing that<br>the person engaged in a nonconsensual sexual act or sexual contact with another<br>person during, in the course of, or as a result of, the offense or any person who is in<br>the custody of the department after July 31, 1995, as a result of a conviction of one<br>of these offenses to have a sample of blood or other body fluids taken by the<br>department for DNA law enforcement identification purposes and inclusion in law<br>enforcement identification databases. The court shall order any person convicted<br>after July 31, 2001, of a felony offense contained in chapter 12.1-16, 12.1-17, or<br>12.1-18, section 12.1-22-01, or chapter 12.1-27.2 or any person who is in the<br>custody of the department after July 31, 2001, as a result of a conviction for one of<br>these offenses to have a sample of blood or other body fluids taken by the<br>department for DNA law enforcement identification purposes and inclusion in the law<br>enforcement identification databases. The court shall order an individual convicted<br>after July 31, 2005, of any felony offense or an individual arrested for the<br>commission of a felony offense after July 31, 2009, to have a sample of blood or<br>other body fluids taken by the department for DNA law enforcement identification<br>purposes and inclusion in the law enforcement identification databases.
DNA
samples must be collected immediately, but may be preserved by the department<br>for subsequent analysis upon receipt of sufficient funding.
Notwithstanding any
other provision of law, if the sentencing court has not previously ordered a sample of<br>blood or other body fluids to be taken, the court retains jurisdiction and authority to<br>enter an order that the convicted person provide a sample of blood or other body<br>fluids as required by this section. Any person convicted after July 31, 1995, who is<br>not sentenced to a term of confinement shall provide a sample of blood or other
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body fluids as a condition of the sentence or probation at a time and place specified<br>by the sentencing court.
3.
If the person from whom a DNA sample is collected is convicted of a felony offense,<br>the sentencing court shall assess the cost of the procedure against the person being<br>tested. The department shall collect the cost of the procedure from the person being<br>tested and transfer the amount collected to the attorney general for deposit in the<br>general fund.
4.
For purposes of this section, "conviction" and "convicted" means a plea of guilty or a<br>finding of guilt by a court or a jury of one of the above-mentioned crimes,<br>notwithstanding that the court suspended execution of sentence or deferred<br>imposition of sentence in accordance with subsection 3 or 4 of section 12.1-32-02,<br>or a felony offense was reduced to a misdemeanor offense in accordance with<br>subsection 9 of section 12.1-32-02 or section 12.1-32-07.1.
31-13-04. DNA testing - Procedure - Immunity - Penalty. The samples of blood and
other body fluids for DNA testing must be obtained in a medically approved manner by a<br>physician, registered nurse, licensed practical nurse, phlebotomist, medical technologist, or other<br>qualified medical personnel approved by the laboratory and packaged and submitted in<br>containers provided by the laboratory and in accordance with rules adopted by the laboratory.<br>No civil or criminal liability may attach to any person authorized to draw blood and other body<br>fluids as provided by this chapter as a result of the act of drawing blood and other body fluids<br>from any person, provided the blood and other body fluids were drawn according to generally<br>accepted medical procedures. Any person who tampers or attempts to tamper with any sample<br>of blood or other body fluids or the collection container without lawful authority is guilty of a<br>class C felony.
31-13-05. DNA database established - How utilized. The laboratory shall establish a
centralized database of DNA identification records. The established system must be compatible<br>with the procedures set forth in the national DNA identification index to ensure data exchange on<br>a national level. The centralized DNA database must be used to assist federal, state, and local<br>criminal justice and law enforcement agencies within and outside the state in the identification or<br>prosecution of criminal offenses. The laboratory shall receive, analyze, and classify samples in<br>compliance with section 31-13-04 and shall record the DNA result in a centralized database for<br>identification and statistical purposes. The laboratory may contract with another laboratory for<br>the analysis and classification of the samples. A report of the analysis certified by the laboratory<br>is admissible in any court as prima facie evidence of the facts stated in the report.
31-13-06.
Confidentiality of records.
Notwithstanding section 44-04-18, except as
necessary for law enforcement purposes, all records produced from the samples taken as<br>provided in this chapter must be securely stored and are confidential. However, the records must<br>be available to:
1.
Any person who is the subject of a record.
2.
A public official or the official's authorized agent who requires that information in<br>connection with the discharge of the official's official duties.
3.
A court whenever the court determines that the information is necessary for the<br>determination of an issue before the court.
31-13-07. Removal of DNA profiles from database. A person whose DNA profile has
been included in the database under this chapter may petition the district court to seal the court<br>record on the grounds that the arrest that led to the inclusion of the DNA profile has not resulted<br>in a felony charge within one year; has been resolved by a dismissal, acquittal, or misdemeanor<br>conviction; has not resulted in a felony conviction; or the conviction on which the authority for<br>including the DNA profile was based has been reversed or the case dismissed. The laboratory<br>shall expunge all identifiable information in the database pertaining to the person and destroy all
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samples from the person upon receipt of a certified order. The detention, arrest, or conviction of<br>a person based upon database information is not invalidated if it is later determined that the<br>specimens or samples were obtained or placed in the database by mistake. The sealed record<br>may not be opened even by order of the court.
31-13-08.
Rules.
The attorney general shall adopt rules pursuant to chapter 28-32
necessary to carry out provisions of the DNA database identification system. The rules must<br>include procedures for collection, analysis, and classification of samples of blood and other body<br>fluids, database system usage and integrity, and methods for contracting with another laboratory<br>for the analysis and classification of samples.
31-13-09. DNA profiles to be available to law enforcement - Penalty. Upon payment
of a reasonable fee established by the laboratory, the laboratory shall provide, upon the request<br>of appropriate law enforcement agencies for use for official purposes, an updated list of names of<br>individuals whose DNA profiles are stored in the database at the laboratory. Any person who<br>disseminates, receives, or otherwise uses or attempts to use information in the database,<br>knowing that the dissemination, receipt, or use is for a purpose other than as authorized by law,<br>is guilty of a class A misdemeanor.
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Document Outline
chapter 31-13 dna analysis
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