2005 Idaho Code - 19-5511 — COLLECTION AND FORWARDING OF SAMPLES -- LIABILITY -- USE OF FORCE

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 55
                      THE IDAHO DNA DATABASE ACT OF 1996
    19-5511.  COLLECTION AND FORWARDING OF SAMPLES -- LIABILITY -- USE OF
FORCE. (1) The director of the department of correction or the chief
administrative officer of the detention facility, jail, other facility at
which the DNA sample and thumbprint impression were collected shall forward
the samples and impressions to the bureau of forensic services according to
requirements set forth in the bureau of forensic services rules.
    (2)  The bureau of forensic services shall provide all specimen collection
materials, thumbprint cards, mailing tubes, envelopes, labels and instructions
for the collection of the samples and thumbprint impressions. The DNA samples
and thumbprint impressions shall thereafter be forwarded to the bureau of
forensic services for analysis of DNA.
    (3)  The bureau of forensic services shall adopt rules specifying how DNA
samples are to be taken. The right thumbprint impression shall be taken on a
form prescribed by the Idaho state police.
    (4)  No person or governmental agency shall be subject to civil or
criminal liability for obtaining DNA samples or obtaining thumbprint
impressions absent a showing of reckless disregard for medically accepted
practices or a showing of malice.
    (5)  Duly authorized law enforcement and correction personnel shall employ
reasonable force in cases where an individual who is incarcerated refuses or
resists submission to procedures for collecting a DNA sample or thumbprint
impression authorized by this chapter, and no employee shall be subject to
criminal or civil liability for the reasonable use of force absent a showing
of malice.