.175 Centralized database for DNA identification records -- Penalty for unlawful use of database.
Code Resources
Kentucky Resources
Kentucky Website
Kentucky Governor
Kentucky Legislature
Kentucky Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
17.175 Centralized database for DNA identification records -- Penalty for unlawful
use of database.
(1)
A centralized database of DNA (deoxyribonucleic acid) identification records for
convicted criminals, crime scene specimens, missing persons, and close biological
relatives of missing persons shall be established in the Department of State Police
under the direction, control, and supervision of the State Police forensic laboratory.
The established system shall be compatible with the procedures set forth in a
national DNA identification index to ensure data exchange on a national level.
(2)
The purpose of the centralized DNA database is to assist federal, state, and local
criminal justice and law enforcement agencies within and outside the
Commonwealth in the identification, detection, or exclusion of individuals who are
subjects of the investigation or prosecution of sex-related crimes, violent crimes, or
other crimes and the identification and location of missing and unidentified persons.
(3)
The Department of State Police forensic laboratory shall receive, analyze, and
classify samples of blood received from the Department of Corrections in
compliance with KRS 17.170 and this section, and samples from other sources, and
shall file the DNA results in the centralized databases for identification and
statistical purposes.
(4)
Records produced from the samples shall be used only for law enforcement
purposes and shall be exempt from the provisions of KRS Chapter 61.
(5)
A person whose DNA profile has been included in the data bank pursuant to this
chapter may request expungement on the grounds that the felony conviction on
which the authority for including the DNA profile was based, has been reversed and
the case dismissed. The Department of State Police shall expunge all identifiable
information in the data bank pertaining to the person and destroy all samples from
the person upon receipt of:
(a) A written request for expungement pursuant to this section; and
(b) A certified copy of the court order reversing and dismissing the conviction.
(6)
The Department of State Police forensic laboratory shall promulgate administrative
regulations necessary to carry out the provisions of the DNA database identification
system to include procedures for collection of DNA samples and the database
system usage and integrity.
(7)
Any person who disseminates, receives, or otherwise uses or attempts to use
information in the database, knowing that such dissemination, receipt, or use is for a
purpose other than authorized by law, shall be guilty of a Class A misdemeanor.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 154, sec. 9, effective July 15, 2002. -- Created
1992 Ky. Acts ch. 175, sec. 2, effective July 14, 1992.
Legislative Research Commission Note (5/1/2003). KRS 17.177 (2002 Ky. Acts
ch. 154, sec. 11) provides that "actual compliance with the provisions of [KRS
17.175 and four other KRS sections] may be delayed until funding is available for
their full implementation. . . As a section is implemented, the Reviser of Statutes
shall be notified by the Secretary of Justice, in writing, as to the date of
implementation."
Page 1 of 2
In a letter dated April 15, 2003, the Secretary of the Justice Cabinet notified
the Reviser of Statutes that KRS 17.175 and the other four KRS sections have been
implemented, effective May 1, 2003.
Page 2 of 2