§ 1931. Policy It is the policy of this State to assist federal, state, and local criminal justice and law enforcement agencies in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of crimes. Identification, detection, and exclusion may be facilitated by the DNA analysis of biological evidence left […]
§ 1932. Definitions As used in this subchapter: (1) “CODIS” means the FBI’s national DNA identification index system that allows storage and exchange of DNA records submitted by state and local forensic DNA laboratories. The term “CODIS” is derived from Combined DNA Index System. (2) “Department” means the Department of Public Safety. (3) “DNA” means […]
§ 1933. DNA sample required (a) The following persons shall submit a DNA sample: (1) a person convicted in a court in this State of a designated crime on or after April 29, 1998; (2) a person who was convicted in a court in this State of a designated crime prior to April 29, 1998 […]
§ 1934. Least intrusive means of collection (a) The DNA sample shall be obtained by withdrawing blood, unless the Department determines that a less intrusive means to obtain a scientifically reliable sample is available, in which event such less intrusive means shall be used. (b) For purposes of this subchapter, a blood sample may only […]
§ 1935. Procedure if person refuses to give sample (a) If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the Commissioner of the Department of Corrections or of Public Safety shall file a motion in the Superior Court for an order requiring the person to […]
§ 1936. Compatibility with national system; authority to enter into DNA identification index system agreements with state, federal, and foreign jurisdictions The DNA database system established by the State shall be compatible with the FBI’s national DNA identification index system currently referred to as CODIS. The State may enter into any agreement with a state, […]
§ 1937. Authorized analysis of DNA samples (a) Analysis of DNA samples is authorized: (1) to type the genetic markers from DNA samples for law enforcement identification purposes; (2) if personal identifying information is removed, for protocol development and administrative purposes, including: (A) development of a population database; (B) to support identification protocol development of […]
§ 1938. Storage and use of samples and records (a) A DNA sample and a DNA record obtained pursuant to this subchapter shall be used only for the purposes authorized in this subchapter and may be provided to law enforcement agencies for lawful law enforcement purposes. (b) The tissue, fluid, or other substance from which […]
§ 1939. Population database (a) Only the DNA records derived from the DNA samples obtained under sections 1933 and 1934 of this title, DNA records voluntarily submitted to the population database, and DNA records from population databases in existence on January 1, 1999 may be used to develop a population database after all personal identifying […]
§ 1940. Expungement of records and destruction of samples (a) In accordance with procedures set forth in subsection (b) of this section, the Department shall destroy the DNA sample and any records of a person related to the sample that were taken in connection with a particular alleged designated crime in either of the following […]
§ 1941. Confidentiality of records (a) All DNA samples submitted to the laboratory pursuant to this subchapter shall be confidential. (b) DNA records shall not be used for any purpose other than as provided in section 1937 of this subchapter, provided that in appropriate circumstances such records may be used to identify missing persons. (c) […]
§ 1942. Adoption of rules and guidelines (a) The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 governing the procedures to be used in the collection, submission, identification, dissemination, analysis, and storage of DNA samples and the DNA record of DNA samples submitted under this subchapter. (b) The Department shall adopt rules pursuant […]
§ 1943. Responsibility of Department of Public Safety The Department shall be responsible for establishing and maintaining the State DNA database and State DNA data bank as established by this subchapter. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1944. Limitation of liability for collection of DNA samples No civil or criminal liability shall attach to any person authorized to withdraw blood as a result of the act of collecting DNA samples under this subchapter, provided the DNA samples are collected according to recognized medical procedures. However, no person shall be relieved from […]
§ 1945. Unlawful tampering with DNA samples A person who knowingly or intentionally, without lawful authority, tampers or attempts to tamper with a DNA sample shall be imprisoned not more than three years or fined not more than $10,000.00, or both. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
