.170 Blood or tissue sampling for DNA law enforcement identification purposes -- Cost -- Penalty for tampering with DNA samples or containers.
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17.170 Blood or tissue sampling for DNA law enforcement identification purposes -
- Cost -- Penalty for tampering with DNA samples or containers.
(1)
Any person, including a youthful offender as defined in KRS 600.020, detained in
the custody of the Department of Juvenile Justice who is convicted of a felony
offense under KRS Chapter 510 or KRS 530.020, shall, or who is in the custody of
the Department of Corrections on July 14, 1992, under KRS Chapter 510 or KRS
530.020 may, have a sample of blood, an oral swab, or sample obtained through a
noninvasive procedure taken by the Department of Corrections or the Department of
Juvenile Justice, when appropriate, for DNA (deoxyribonucleic acid) law
enforcement identification purposes and inclusion in law enforcement identification
databases.
(2)
The samples shall be obtained in a medically approved manner by a physician,
registered nurse, phlebotomist, medical technician, or medical technologist, and
packaged and submitted in containers provided by the Department of State Police
forensic laboratory in accordance with administrative regulations promulgated by
the Department of State Police forensic laboratory. No civil liability shall attach to
any person authorized to obtain the DNA sample as provided by this section as a
result of the act of obtaining the DNA sample from any person, provided the
procedure was done according to generally accepted medical procedures.
(3)
The cost of testing shall be paid by the agency or individual making the request for
testing.
(4)
Any person who tampers or attempts to tamper with any DNA sample collected
under this section or its container without lawful authority shall be guilty of a Class
D felony.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 2, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 154, sec. 4, effective July 15, 2002. -- Amended 1996 Ky. Acts
ch. 334, sec. 4, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 175, sec. 1,
effective July 14, 1992.