TITLE 19

CRIMINAL PROCEDURE

CHAPTER 55

THE IDAHO DNA DATABASE ACT OF 1996

19-5515.  Dissemination of data, information, and samples for forensic laboratory analysis. (1) Nothing in this chapter shall prohibit the sharing or disseminating of population database information with the following:

(a)  Federal, state or local law enforcement agencies;

(b)  Forensic laboratories that serve federal, state and local law enforcement agencies approved by the bureau of forensic services;

(c)  A state’s attorney general’s office;

(d)  A prosecuting attorney’s office; or

(e)  Any third party that the chief of the bureau of forensic services deems necessary to assist the bureau of forensic services with statistical analyses of the population database or to assist in the recovery or identification of missing persons.

(2)  Nothing in this chapter shall prohibit the sharing or dissemination of protocol and forensic DNA methods and quality control procedures with any of the parties identified in subsection (1) of this section.

(3)  The state’s DNA population database and databank may be made available to and searched by the FBI and any agency participating in CODIS.

(4)  The bureau of forensic services may provide samples from the DNA samples collected pursuant to this chapter to public DNA laboratories for law enforcement purposes provided that the privacy provisions of this section are followed and each of the following conditions are met:

(a)  The methodologies and procedures used by the public DNA laboratory for analysis are approved by the bureau of forensic services;

(b)  Only tests of value to law enforcement for identification purposes are performed and a copy of the results of the analysis are sent to the bureau of forensic services;

(c)  All provisions concerning privacy and security enumerated in this section are followed.

History:

[19-5515, added 1997, ch. 120, sec. 1, p. 349.]