19-5514 — LIMITATIONS ON DISCLOSURE OF INFORMATION
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TITLE 19
CRIMINAL PROCEDURE
CHAPTER 55
THE IDAHO DNA DATABASE ACT OF 1996
19-5514. LIMITATIONS ON DISCLOSURE OF INFORMATION. (1) All DNA profiles
retained by the bureau of forensic services pursuant to this chapter shall be
treated as confidential as provided by chapter 3, title 9, Idaho Code.
(2) The DNA information shall be filed with the offender's file
maintained by the Idaho state police.
(3) The DNA information shall not be included in the state summary
criminal history information.
(4) The DNA information, and thumbprint impressions, shall be released
only to law enforcement agencies, including, but not limited to, parole
officers of the department of correction, hearing officers of the parole
authority, and prosecuting attorneys' offices, at the request of the agency,
except as specified in this chapter. Dissemination of this information to law
enforcement agencies and prosecuting attorneys' offices outside the state
shall be done in conformity with the provisions of this chapter.
(5) Any person who, by virtue of employment or official position, or any
person contracting to carry out any function under this chapter, including any
officers, employees and agents of such contractor who has possession of or
access to individual identifiable DNA information contained in the state DNA
database or databank and who willfully discloses such information in any
manner to any person or agency not entitled to receive it is guilty of a
misdemeanor.
(6) Furnishing DNA information or thumbprint comparison results to
defense counsel for criminal defense purposes in compliance with discovery is
not a violation of this section.
(7) It is not a violation of this section to disseminate statistical or
research information obtained from the offender's file, the computerized
databank system, or any of the bureau of forensic services' databases provided
that the subject of the file is not identified and cannot be identified from
the information disclosed. It is also not a violation of this section to
include information obtained from a file in a transcript or record of a
judicial proceeding or in any other public record when the inclusion of the
information in the public record is authorized by a court, statute or case
law.