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 1, title 74, 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.

History:

[19-5514, added 1997, ch. 120, sec. 1, p. 348; am. 1998, ch. 123, sec. 6, p. 459; am. 2000, ch. 469, sec. 53, p. 1504; am. 2015, ch. 141, sec. 20, p. 402.]