Sample Investigation Report of Employee Misconduct

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					                                              Alabama                             Alaska                                     Arizona
Adult Qualifying Offenses               Ala. Code § 36-18-24              Alaska Stat. § 44.41.035                   Ariz. Rev. Stat. § 13-610
Are All Felonies Included as                    Yes                                 Yes                                         Yes
Qualifying Offenses?
Are Misdemeanors Included as                     Yes                                 Yes                                       Yes*
Qualifying Offenses?
      Misdemeanor Sex Crimes             Sexual misconduct                   Sexual assault (4°)               Sexual assault of spouse (judge can
                                          Sexual abuse (2°)              Sexual abuse of minor (4°)                downgrade to misdemeanor)
                                          Indecent exposure               Indecent exposure (2°)                 Indecent exposure (3rd violation)
                                     Enticing child to enter place   Promoting prostitution of minors (3°)    Public sexual indecency (3rd violation)
                                        for immoral purposes                                                 [Offense for which one must register as a
                                                                                                                           sex offender]


    Misdemeanor Violent Crimes       Criminally negligent homicide               Assault (4°)                    Unlawful imprisonment of minor
                                              Assault (3°)                 Reckless endangerment
                                               Menacing                         Stalking (2°)
                                       Reckless endangerment              Custodial interference (2°)
                                           Criminal coercion
                                      Unlawful imprisonment (1°)
                                      Unlawful imprisonment (2°)
                                        Domestic violence (3°)
   Misdemeanor Property Crimes                    ***                                 ***                                       ***



Miscellaneous Misdemeanors / Notes                ***                                 ***                    *Those convicted of a misdemeanor can
                                                                                                             petition the court for expungement of the
                                                                                                                     sample from the database




Inclusion of Juveniles                  Ala. Code § 36-18-24              Alaska Stat. § 44.41.035                   Ariz. Rev. Stat. § 13-610
Are Juveniles Adjudicated               Unclear. The statute applies to "persons convicted"of a Yes. The statute applies to juveniles      Yes. The statute applies to juveniles
Delinquent (Or Its Equivalent)           qualifying offense. However, other statutes (§ 12-15- tried as adults, and juveniles 16 yrs. or         adjudicated delinquent.
Included in the Database?               102 and § 15-20-27) provide for DNA to be taken from         older adjudicated delinquent.
                                           juveniles adjudicated delinquent of a criminal sex
                                         offense or charged with class A or B felonies. These
                                            other statutes do not specify whether such DNA
                                            samples may be included in the DNA database.



Are the Qualifying Offenses the Same                  The qualifying offenses are                      The qualifying offenses are           The juvenile qualifying offenses
for Adults and Juveniles?                              the same for adults and                          the same for adults and                 are more restricted than
                                                               juveniles                                        juveniles                            those for adults



Inclusion of Suspects/Arrestees                              No provision                                     No provision                             No provision
Are Suspects or Arrestees Included in                            No                                               No                                       No
the Database?
                                                 Arkansas                                California                                     Colorado
Adult Qualifying Offenses               Ark. Code Ann. § 12-12-1103                Cal. Penal Code § 296             Colo. Rev. Stat. Ann. §§ 16-11-102.3, 16-11-104
Are All Felonies Included as                        Yes                                     Yes                                            Yes
Qualifying Offenses?
Are Misdemeanors Included as                         Yes                                     Yes                                            Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes               Public sexual indecency               § 296 includes misdemeanor                          Sexual assault
                                               Indecent exposure             offenses that warrant registration as              Unlawful sexual contact
                                                    Sodomy                              a sex offender                 Sexual assault on client by psychotherapist
                                              Sexual assault (4°)                                                      Sexual exploitation of a child by possession
                                     Failure to report computer child porn                                                  of sexually exploitative material
                                                                                                                                   Indecent exposure
                                                                                                                          Sexual conduct in a penal institution
    Misdemeanor Violent Crimes        Repeat offense of a misdemeanor                         ***                      "Any crime against an 'at-risk' adult/juvenile"
                                            "involving violence"




   Misdemeanor Property Crimes                        ***                                     ***                                            ***



Miscellaneous Misdemeanors / Notes                    ***                                     ***                                         Escape
                                                                                                                         The lab results from a DNA test ordered
                                                                                                                        pursuant to the statute for post-conviction
                                                                                                                         DNA testing shall be made available to
                                                                                                                          state and federal DNA databases (see
                                                                                                                                       § 18-1-416)




Inclusion of Juveniles                   Ark. Code Ann. § 9-27-357                 Cal. Penal Code § 296                    Colo. Rev. Stat. Ann. § 19-2-924.5
Are Juveniles Adjudicated                 Yes. The statute applies to juveniles    Yes. The statute applies to juveniles Yes. The statute applies to juveniles adjudicated for
Delinquent (Or Its Equivalent)          adjudicated delinquent for specific sexual adjudicated under the Welfare and an offense involving "unlawful sexual behavior" or for
Included in the Database?                         and violent offenses.                    Institutions Code.              which the underlying factual basis involved an
                                                                                                                            offense involving "unlawful sexual behavior."




Are the Qualifying Offenses the Same        The juvenile qualifying offenses           The qualifying offenses are                 The juvenile qualifying offenses
for Adults and Juveniles?                      are more restricted than            more restricted than those for adults              are more restricted than
                                                    those for adults              (juvenile arrestees are not included in                  those for adults
                                                                                               the database)

Inclusion of Suspects/Arrestees                       No provision                     Cal. Penal Code §§ 296, 297                           No provision
Are Suspects or Arrestees Included in                     No                       Yes. Those arrested for or charged                            No
the Database?                                                                       with certain felonies are currently
                                                                                     included. This will expand to all
                                                                                    felony arrestees on Jan. 1, 2009.
                                                                                   Furthermore, the statute allows for
                                                                                   inclusion of a suspect's DNA into a
                                                                                       suspect data base file, to be
                                                                                  searched against the profiles of case
                                                                                                 evidence.
                                               Connecticut                                       Delaware                                            Florida
Adult Qualifying Offenses              Conn. Gen. Stat. Ann. § 54-102g                    Del. Code Ann. 29 § 4713                          Fla. Stat. Ann. § 943.325
Are All Felonies Included as                        Yes                                             Yes                                                 Yes
Qualifying Offenses?
Are Misdemeanors Included as                          Yes                                            Yes                                               Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes           Public indecency (against minor)                      Sexual harassment                      Disclosing, publishing, or broadcasting ID
                                              Sexual assault (4°)                       Indecent exposure (1° and 2°)                 information of a sexual battery victim
                                                                                                   Incest                                 Failure to Report Sex. Battery
                                                                                         Unlawful sexual contact (3°)                     Unnatural and Lascivious Act
                                                                                                                                           Exposure of Sexual Organs



    Misdemeanor Violent Crimes       Unlawful restraint (2°) (against minor)                          ***                                              ***




   Misdemeanor Property Crimes                         ***                                            ***                                              ***



Miscellaneous Misdemeanors / Notes                     ***                                   Abandonment of child                                      ***
                                                                                Endangering welfare of incompetent person
                                                                                        Unlawfully dealing with a child
                                                                                             Endangering children
                                                                                              Criminal non-support
                                                                                       Aggravated criminal non-support
                                                                                  Pierce/tattoo minor w/o consent of parent
                                                                               Sale/distribution of tobacco to minors (violation)



Inclusion of Juveniles                 Conn. Gen. Stat. Ann. § 54-102g                    Del. Code Ann. 29 § 4713                          Fla. Stat. Ann. § 943.325
Are Juveniles Adjudicated               No. The statute applies to "any   No. The statute applies to "any person convicted"   Yes. The statute applies to juveniles
Delinquent (Or Its Equivalent)               person…convicted"                                                                      adjudicated delinquent.
Included in the Database?




Are the Qualifying Offenses the Same      The qualifying offenses are                The qualifying offenses are                  The qualifying offenses are
for Adults and Juveniles?                  the same for adults and                    the same for adults and                      the same for adults and
                                                   juveniles                                  juveniles                                    juveniles



Inclusion of Suspects/Arrestees                  No provision                               No provision                                  No provision
Are Suspects or Arrestees Included in                No                                         No                                            No
the Database?
                                             Georgia                            Hawaii                           Idaho                        Illinois
Adult Qualifying Offenses             Ga. Code Ann. § 24-4-60            Hawaii H.B. 1733 § 31            Idaho Code § 19-5506   730 Ill. Comp. Stat. Ann. § 5/5-4-3
Are All Felonies Included as                   Yes                               Yes                               No                            Yes
Qualifying Offenses?
Are Misdemeanors Included as                     Yes                               Yes                            No                            Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes           Certain statutory rapes                      ***                           ***              Sexual exploitation of a child




    Misdemeanor Violent Crimes                   ***                                ***                           ***                            ***




   Misdemeanor Property Crimes                   ***                                ***                           ***                            ***



Miscellaneous Misdemeanors / Notes   The lab results from a DNA       "Nothing in this section shall be           ***            Court order (made in conjunction
                                     test ordered pursuant to the   construed as prohibiting collection                            with any other offense in the
                                      statute for post-conviction        and analysis of specimens,                                   Criminal Code of 1961)
                                      DNA testing (§ 5-5-41) are     samples, or print impressions as
                                       included in the data bank       a condition of a plea for a non-
                                                                             qualifying offense."




Inclusion of Juveniles                Ga. Code Ann. § 24-4-60            Hawaii H.B. 1733 § 31            Idaho Code § 19-5506   730 lll. Comp. Stat. Ann. § 5/5-4-3
Are Juveniles Adjudicated               No. The statute applies to      No. The statute specifically      No. The statute applies to "any Yes. The statute applies to juveniles
Delinquent (Or Its Equivalent)           "any person convicted"             excludes juveniles.              person…convicted" of a         found delinquent (i.e., found guilty or
Included in the Database?                                                                                  qualifying offense; the statute  given supervision under the Juvenile
                                                                                                         expressly includes juveniles tried          Court Act of 1987)
                                                                                                                      as adults.




Are the Qualifying Offenses the Same    The qualifying offenses are     The qualifying offenses are        The qualifying offenses are           The qualifying offenses are
for Adults and Juveniles?                the same for adults and         the same for adults and            the same for adults and               the same for adults and
                                                 juveniles                       juveniles                          juveniles                             juveniles



Inclusion of Suspects/Arrestees                No provision                 Hawaii H.B. 1733 § 53                  No provision                          No provision
Are Suspects or Arrestees Included in              No                 Yes. The statute allows for DNA                  No                                    No
the Database?                                                           samples from suspects to be
                                                                        profiled, entered into the DNA
                                                                      database, and searched against
                                                                        other DNA database profiles.
                                                                          Inclusion of suspects is not
                                                                      mandated, however. The profile
                                                                      is removed when the donor is no
                                                                              longer a "suspect."
                                               Indiana                              Iowa                                           Kansas
Adult Qualifying Offenses            Ind. Code Ann. § 10-13-6-10     Iowa Code Ann. §§ 81.2, 901.5, 906.4                  Kan. Stat. Ann. § 21-2511
Are All Felonies Included as                     Yes                                 Yes                                              Yes
Qualifying Offenses?
Are Misdemeanors Included as                     No                                    Yes                                            Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes                     ***                  Assault with intent to commit sexual                Criminal sodomy (bestiality)
                                                                       abuse (aggravated misdemeanor)                    Lewd and lascivious behavior
                                                                                                                         Adultery (one party's a minor)
                                                                                                                        Promoting prostitution of minor
                                                                                                                  Patronizing a prostitute (one party's a minor)
                                                                                                                                 Sexual battery


    Misdemeanor Violent Crimes                   ***                                   ***                                     Cruelty to Animals
                                                                                                                           Criminal Restraint of Minor




   Misdemeanor Property Crimes                   ***                                   ***                                             ***



Miscellaneous Misdemeanors / Notes               ***               The court and parole board have discretion                          ***
                                                                    to order DNA profiling of other individuals
                                                                   (considerations include the appropriateness
                                                                     of ordering DNA profiling, the deterrent
                                                                                      effect of
                                                                          DNA profiling, the likelihood of
                                                                             repeated offenses by the
                                                                         defendant, and the seriousness
                                                                                  of the offense)


Inclusion of Juveniles               Ind. Code Ann. § 10-13-6-10         Iowa Code Ann. § 81.2, 232.52                     Kan. Stat. Ann. § 21-2511
Are Juveniles Adjudicated               No. The statute applies to "a   Yes. The statute applies to juveniles   Yes. The statute applies to juveniles adjudicated
Delinquent (Or Its Equivalent)               person convicted"                adjudicated delinquent                         as juvenile offenders
Included in the Database?




Are the Qualifying Offenses the Same     The qualifying offenses are        The qualifying offenses are                   The qualifying offenses are
for Adults and Juveniles?                 the same for adults and            the same for adults and                       the same for adults and
                                                  juveniles                          juveniles                                     juveniles



Inclusion of Suspects/Arrestees                 No provision                        No provision                                  No provision
Are Suspects or Arrestees Included in               No                                  No                                            No
the Database?
                                                    Kentucky                                     Louisiana                                         Maine
Adult Qualifying Offenses            Ky. Rev. Stat. Ann. §§ 17.170 to 17.174       La. Rev. Stat. Ann. §§ 15:603, 15:609               Me. Rev. Stat. Ann. 25 § 1574
Are All Felonies Included as                           No                                           Yes                               No (only class A, B, & C crimes)
Qualifying Offenses?
Are Misdemeanors Included as                           No                                            Yes                                    Yes (class E crimes)
Qualifying Offenses?
      Misdemeanor Sex Crimes                           ***                       Misdemeanor carnal knowledge of juvenile                 Sexual abuse of a minor
                                                                                    Prostitution; prostitution by massage                 Unlawful sexual contact
                                                                                           Soliciting for prostitutes
                                                                                              Inciting prostitution
                                                                                              Improper massage
                                                                                 Letting premises for prostitution, obscenity
                                                                                                 Peeping Tom
    Misdemeanor Violent Crimes                         ***                     Battery of police officer, schoolteacher, athletic                    ***
                                                                                    official, correctional facility employee
                                                                                Simple battery; Child welfare worker, infirm
                                                                                            Domestic abuse battery
                                                                                        Simple and aggravated assault
                                                                                    Unlawful use of laser on police officer
                                                                                           Assault on school teacher
                                                                                                     Stalking
   Misdemeanor Property Crimes                         ***                                            ***                                            ***



Miscellaneous Misdemeanors / Notes                     ***                                            ***                                 Lesser Included Offense
                                                                                                                                           if the qualifying offense
                                                                                                                                            was originally charged




Inclusion of Juveniles                    Ky. Rev. Stat. Ann. § 17.174                  La. Rev. Stat. Ann. § 15:609                Me. Rev. Stat. Ann. 25 §§ 1572, 1574
Are Juveniles Adjudicated               Yes. The statute applies to juveniles   Yes. The statute applies to juveniles arrested for a   Yes. The statutes apply to juveniles
Delinquent (Or Its Equivalent)            adjudicated as public offenders.       qualifying offense, and to juveniles adjudicated            adjudicated delinquent
Included in the Database?                                                        delinquent for the commission of a felony-grade
                                                                                                  delinquent act.




Are the Qualifying Offenses the Same      The juvenile qualifying offenses                  The qualifying offenses are                  The juvenile qualifying offenses
for Adults and Juveniles?                    are more restricted than                        the same for adults and                        are more restricted than
                                                  those for adults                                   juveniles                                   those for adults



Inclusion of Suspects/Arrestees                     No provision                     La. Rev. Stat. Ann. §§ 15:609, 15: 614                       No provision
Are Suspects or Arrestees Included in                   No                      The statute is written such that DNA samples are                      No
the Database?                                                                      taken from arrestees, but DNA profiles are
                                                                                removed from the database, upon request of the
                                                                                  defendant, when the arrest does not lead to a
                                                                                           conviction or plea bargain.
                                               Maryland                       Massachusetts                                    Michigan
Adult Qualifying Offenses            Md. Code Ann., Pub. Saf. §2-504    Mass. Gen. Laws Ann. 22E § 3           Mich. Comp. Laws Ann. §§ 28.176, 750.520m
Are All Felonies Included as                      Yes                               Yes                                          Yes
Qualifying Offenses?
Are Misdemeanors Included as                       Yes                              No                                              Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes                       ***                              ***                Enticing a child for immoral purposes               "Disorderly
                                                                                                                                    person"
                                                                                                                              Indecent exposure
                                                                                                                                  Prostitution
                                                                                                                         Leasing house for prostitution
                                                                                                              Female under age of 17 in a house of prostitution
                                                                                                                          Criminal sexual conduct (4°)
    Misdemeanor Violent Crimes                     ***                              ***                                              ***




   Misdemeanor Property Crimes                Burglary (4°)                         ***                                              ***
                                            B+E Motor Vehicle

Miscellaneous Misdemeanors / Notes                 ***                              ***                                              ***




Inclusion of Juveniles               Md. Code Ann., Pub. Saf. § 2-504   Mass. Gen. Laws Ann. 22E § 3     Mich. Comp. Laws Ann. §§ 712A.18k, 803.225a, 803.307a
Are Juveniles Adjudicated                  No. The statutes apply to "an         Yes. The statute applies to      Yes. The statutes apply to juveniles under the jurisdiction of a
Delinquent (Or Its Equivalent)           individual who is convicted." (See   juveniles adjudicated as youthful   juvenile agency who have been found responsible or convicted
Included in the Database?                 also § 2-511 and the references                offenders.                                    of certain offenses.
                                        contained within: DNA records and
                                            samples are expunged upon
                                           transfer of the case to juvenile
                                                        court.)



Are the Qualifying Offenses the Same       The qualifying offenses are          The qualifying offenses are                         The qualifying offenses are
for Adults and Juveniles?                   the same for adults and              the same for adults and                             the same for adults and
                                                    juveniles                            juveniles                                           juveniles



Inclusion of Suspects/Arrestees                    No provision                         No provision                            Mich. Comp. Laws Ann. § 28.176
Are Suspects or Arrestees Included in                  No                                   No                    Yes. The statute allows for the taking and profiling of suspects'
the Database?                                                                                                       DNA. However, the statute does not mandate that DNA be
                                                                                                                    taken from all suspects. When the person ceases to be a
                                                                                                                   suspect, then his DNA sample and profile are expunged and
                                                                                                                                            disposed.
                                                  Minnesota                                 Mississippi                        Missouri
Adult Qualifying Offenses                  Minn. Stat. Ann. § 609.117           Miss. Code Ann. §§ 47-5-183, 45-33-37   Mo. Ann. Stat. § 650.055
Are All Felonies Included as                           Yes                                       Yes                              Yes
Qualifying Offenses?
Are Misdemeanors Included as                        Probably*                                   Yes                               Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes                           ***                          Disseminating sexual material       Sexual misconduct (1°)
                                                                                            to children                 Sexual misconduct (2°)
                                                                                     Sex between teacher/pupil          Sexual misconduct (3°)




    Misdemeanor Violent Crimes                         ***                                       ***                              ***




   Misdemeanor Property Crimes                         ***                                       ***                              ***



Miscellaneous Misdemeanors / Notes    * 609.117 includes conviction of "any                      ***                              ***
                                      offense arising out of the same set of
                                     circumstances" as the qualifying felony.




Inclusion of Juveniles                     Minn. Stat. Ann. § 609.117           Miss. Code Ann. §§ 47-5-183, 45-33-37   Mo. Ann. Stat. § 650.055
Are Juveniles Adjudicated                 Yes. The statutes apply to juveniles       No. The statutes apply to "individuals      No. The statute applies to
Delinquent (Or Its Equivalent)             adjudicated as delinquent children        convicted" of a sex offense or a felony.   "every individual convicted in
Included in the Database?                                                                                                         a Missouri circuit court."




Are the Qualifying Offenses the Same          The qualifying offenses are                 The qualifying offenses are           The qualifying offenses are
for Adults and Juveniles?                      the same for adults and                     the same for adults and               the same for adults and
                                                       juveniles                                   juveniles                             juveniles



Inclusion of Suspects/Arrestees                Minn. Stat. Ann. § 299C.105                        No provision                          No provision
Are Suspects or Arrestees Included in       Yes. DNA is collected from certain                        No                                    No
the Database?                            individuals once they have appeared in
                                           court and have had a probable cause
                                        determination on a charge of committing
                                          certain offenses (not all felonies). The
                                         DNA is expunged if the person is found
                                             not guilty or if the charge is later
                                                         dismissed.
                                                   Montana                                   Nebraska                                Nevada
Adult Qualifying Offenses            Mont. Code Ann. §§ 44-6-101 to 44-6-103     Neb. Rev. Stat. §§ 29-4106, 29-4103        Nev. Rev. Stat. § 176.0913
Are All Felonies Included as                          Yes                                         No                                   No
Qualifying Offenses?
Are Misdemeanors Included as                            No                                      Yes                                     Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes                            ***                                      ***                          Statutory sex. Seduction
                                                                                                                                   (Offender < 21)
                                                                                                                        Soliciting minor to do crime against
                                                                                                                       nature (if minor never engaged in act)
                                                                                                                              Open or gross lewdness
                                                                                                                          Indecent or obscene exposure


    Misdemeanor Violent Crimes                          ***                                   Stalking                        False imprisonment
                                                                                                                       Abuse/Neglect of older or vulnerable
                                                                                                                                     person
                                                                                                                             Stalking (2nd offense)




   Misdemeanor Property Crimes                          ***                                      ***                                     ***



Miscellaneous Misdemeanors / Notes       Plea agreement (see § 46-18-202)                        ***                   Failing to register as convicted person
                                     If a felon requests post-conviction DNA
                                     testing, and the results are unfavorable,
                                      the court shall order his sample placed
                                        into the state and federal databases
                                                  (see § 46-21-110)




Inclusion of Juveniles                     Mont. Code Ann. § 44-6-103                 Neb. Rev. Stat. § 29-4106            Nev. Rev. Stat. 14 § 176.0913
Are Juveniles Adjudicated               Yes. The statute applies to juveniles found in No. The statute applies to "a person who No. The statute applies to "a defendant
Delinquent (Or Its Equivalent)          an adjudicatory hearing to have committed a                 is convicted"                         who is convicted"
Included in the Database?                          sex or violent offense.




Are the Qualifying Offenses the Same          The juvenile qualifying offenses              The qualifying offenses are               The qualifying offenses are
for Adults and Juveniles?                        are more restricted than                    the same for adults and                   the same for adults and
                                                      those for adults                               juveniles                                 juveniles



Inclusion of Suspects/Arrestees                         No provision                         Neb. Rev. Stat. § 29-4105                       No provision
Are Suspects or Arrestees Included in                       No                         Yes. The statute allows for the taking                    No
the Database?                                                                             and profiling of suspects' DNA.
                                                                                      However, the statute does not mandate
                                                                                       that DNA be taken from all suspects.
                                                                                         When the person ceases to be a
                                                                                        suspect, then his DNA sample and
                                                                                        profile are expunged and disposed.
                                              New Hampshire                         New Jersey                               New Mexico
Adult Qualifying Offenses            N.H. Rev. Stat. Ann. §§ 651-C:1, C:7   N.J. Stat. Ann. § 53:1-20.20    N.M. Stat. Ann. §§ 29-16-3, 29-16-6, 29-11A-3
Are All Felonies Included as                          No                         Yes (All "crimes")*                             Yes
Qualifying Offenses?
Are Misdemeanors Included as                         Yes                        Yes (All "crimes")*                   Yes (certain sex offenses)
Qualifying Offenses?
      Misdemeanor Sex Crimes                   Sexual assault                            ***                Criminal sexual contact (4°) (via use of force or
                                                                                                                              coercion)
                                                                                                                         Enticement of child




    Misdemeanor Violent Crimes                       ***                                 ***                                       ***




   Misdemeanor Property Crimes                       ***                                 ***                                       ***



Miscellaneous Misdemeanors / Notes                   ***                    * A "crime" is an offense for                          ***
                                                                                which a sentence of
                                                                             imprisonment greater than
                                                                               6 months is authorized
                                                                                   (see § 2C-1:4)




Inclusion of Juveniles               N.H. Rev. Stat. Ann. §§ 651-C:1, C:7   N.J. Stat. Ann. § 53:1-20.20         N.M. Stat. Ann. §§ 29-16-3, 32A-2-3
Are Juveniles Adjudicated               Yes. The statutes apply to juveniles   Yes. The statute applies to    No. The statute applies to juveniles convicted as
Delinquent (Or Its Equivalent)          found delinquent of a sexual offense     juveniles adjudicated       adults pursuant to the youthful offender or serious
Included in the Database?                                                             delinquent             youthful offender proceedings under the Children's
                                                                                                                                    Code




Are the Qualifying Offenses the Same      The juvenile qualifying offenses     The qualifying offenses are   The juvenile qualifying offenses under the (serious)
for Adults and Juveniles?                    are more restricted than           the same for adults and                       youthful offender
                                                  those for adults                      juveniles                     proceedings are more restricted
                                                                                                                            than those for adults

Inclusion of Suspects/Arrestees                    No provision                       No provision                              No provision
Are Suspects or Arrestees Included in                  No                                 No                                        No
the Database?
                                                    New York                             North Carolina                North Dakota
Adult Qualifying Offenses                      N.Y. Exec. Law § 995                N.C. Gen. Stat. § 15A-266.4   N.D. Cent. Code § 31-13-03
Are All Felonies Included as                           No                                     Yes                            Yes
Qualifying Offenses?
Are Misdemeanors Included as                            Yes                                   Yes                            Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes         "Sex offense" or "sexually violent offense"         Sexual battery            Corruption/solicitation of
                                                                                                                         minors > 15
                                                                                                                 Sex. assault of minor > 15 yr
                                                                                                                    by an adult, 18-21 yrs.
                                                                                                                  Special order by court re:
                                                                                                                  an offense that includes a
                                                                                                                  nonconsensual sexual act
    Misdemeanor Violent Crimes                           ***                         Simple assault/battery                   ***
                                                                                        of handicapped
                                                                                            Stalking




   Misdemeanor Property Crimes                           ***                                   ***                            ***



Miscellaneous Misdemeanors / Notes                       ***                                   ***                            ***




Inclusion of Juveniles                         N.Y. Exec. Law § 995                N.C. Gen. Stat. § 15A-266.4   N.D. Cent. Code § 31-13-03
Are Juveniles Adjudicated                No. The statute applies to "a person   No. The statute applies to "a   No. The statute applies to "any
Delinquent (Or Its Equivalent)                       convicted"                  person who is convicted"             person convicted"
Included in the Database?




Are the Qualifying Offenses the Same         The qualifying offenses are         The qualifying offenses are      The qualifying offenses are
for Adults and Juveniles?                     the same for adults and             the same for adults and          the same for adults and
                                                      juveniles                           juveniles                        juveniles



Inclusion of Suspects/Arrestees                N.Y. Exec. Law § 995-c                   No provision                     No provision
Are Suspects or Arrestees Included in     Yes. There's no explicit provision                No                               No
the Database?                         regarding suspects, but the expungement
                                          provision in § 995-c suggests that
                                           a suspect's DNA is profiled upon
                                         issuance of a warrant or court order
                                                              Ohio                                                  Oklahoma                                  Oregon
Adult Qualifying Offenses                         Ohio Rev. Code Ann. § 2901.07                            Okla. Stat. Ann. 74 § 150.27a              Or. Rev. Stat. § 137.076
Are All Felonies Included as                                  Yes                                                       Yes                                     Yes
Qualifying Offenses?
Are Misdemeanors Included as                                     Yes                                                    Yes                                     Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes                    Unlawful sexual conduct with a minor              Any crim which requires an individual to register      Sexual abuse (3°)
                                         "Sexually oriented offense" (if committed by certain    pursuant to the Sexual Offenders Registration Act       Public indecency
                                                                offenders)
                                     Violation arising out of the same facts, circumstances, and
                                       act as did previously dismissed or amended charges of
                                     rape, sexual battery, unlawful sexual conduct with a minor,
                                                      or gross sexual imposition.
    Misdemeanor Violent Crimes       Violation arising out of the same facts, circumstances, and                        ***                                      ***
                                      act as did previously dismissed or amended charges of
                                             aggravated murder, murder, and kidnapping




   Misdemeanor Property Crimes       Violation arising out of the same facts, circumstances, and                        ***                                      ***
                                      act as did previously dismissed or amended charges of
                                                         aggravated burglary
Miscellaneous Misdemeanors / Notes                    Interference with custody                                         ***                                      ***
                                       "Child-victim oriented offense" (if committed by certain
                                                              offenders)




Inclusion of Juveniles                            Ohio Rev. Code Ann. § 2152.74                            Okla. Stat. Ann. 74 § 150.27a              Or. Rev. Stat. § 419C.473
Are Juveniles Adjudicated               Yes. The statute applies to a juvenile adjudicated a   No. The statute applies to "individuals convicted"      Yes. The statute applies to
Delinquent (Or Its Equivalent)                           delinquent child                                                                             "youth offenders" found to be
Included in the Database?                                                                                                                              within the jurisdiction of the
                                                                                                                                                               juvenile court




Are the Qualifying Offenses the Same    The qualifying offenses are the same for adults and               The qualifying offenses are                The juvenile qualifying offenses
for Adults and Juveniles?                                    juveniles                                     the same for adults and                      are more restricted than
                                                                                                                   juveniles                                 those for adults



Inclusion of Suspects/Arrestees                            No provision                                   Okla. Stat. Ann. 74 § 150.27a                       No provision
Are Suspects or Arrestees Included in                          No                                Yes. The OSBI Combined DNA Index System                          No
the Database?                                                                                     (CODIS) may include secondary databases,
                                                                                                including a suspect index database consisting of
                                                                                                  samples taken from individuals as a result of
                                                                                               criminal investigations. Note that the statute does
                                                                                                not mandate that DNA samples be taken from all
                                                                                                                    suspects.
                                              Pennsylvania                    Rhode Island               South Carolina
Adult Qualifying Offenses            Pa. Stat. Ann. 44 §§ 2303, 2316    R.I. Gen. Laws § 12-1.5-7   S.C. Code Ann. § 23-3-620
Are All Felonies Included as                       Yes                             Yes                        Yes
Qualifying Offenses?
Are Misdemeanors Included as                       Yes                             No                           Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes                Indecent assault                       ***               Eavesdropping, peeping




    Misdemeanor Violent Crimes        Luring child into motor vehicle              ***                           ***




   Misdemeanor Property Crimes                      ***                            ***                           ***



Miscellaneous Misdemeanors / Notes                  ***                            ***              Court order (for any criminal
                                                                                                             offense)




Inclusion of Juveniles               Pa. Stat. Ann. 44 §§ 2303, 2316    R.I. Gen. Laws § 12-1.5-7   S.C. Code Ann. § 23-3-620
Are Juveniles Adjudicated                 Yes. The statute applies to      No. The statute applies only     Yes. The statute applies to
Delinquent (Or Its Equivalent)          juveniles adjudicated delinquent   to "adult persons convicted"   juveniles adjudicated delinquent
Included in the Database?




Are the Qualifying Offenses the Same      The qualifying offenses are      The qualifying offenses are      The qualifying offenses are
for Adults and Juveniles?                  the same for adults and          the same for adults and          the same for adults and
                                                   juveniles                        juveniles                        juveniles



Inclusion of Suspects/Arrestees                  No provision                     No provision                     No provision
Are Suspects or Arrestees Included in                No                               No                               No
the Database?
                                                  South Dakota                            Tennessee
Adult Qualifying Offenses            S.D. Codified Laws §§ 23-5A-1, 23-5A-4       Tenn. Code Ann. § 40-35-321
Are All Felonies Included as                          Yes                                    Yes
Qualifying Offenses?
Are Misdemeanors Included as                            Yes                                   No
Qualifying Offenses?
      Misdemeanor Sex Crimes                  Sex. contact w/ minor < 16                      ***
                                         Sex. contact w/o consent from one
                                                capable of consenting
                                     Failure of ISPs, film processors, computer
                                            repairmen to report child porn
                                          Failure to register as sex offender


    Misdemeanor Violent Crimes                          ***                                   ***




   Misdemeanor Property Crimes                          ***                                   ***



Miscellaneous Misdemeanors / Notes                      ***                                   ***




Inclusion of Juveniles               S.D. Codified Laws §§ 23-5A-1, 23-5A-4       Tenn. Code Ann. § 40-35-321
Are Juveniles Adjudicated               Yes. The statute applies to juveniles       Yes. The statute applies to
Delinquent (Or Its Equivalent)                adjudicated delinquent            juveniles adjudicated as delinquent
Included in the Database?                                                                     children




Are the Qualifying Offenses the Same        The qualifying offenses are          The juvenile qualifying offenses
for Adults and Juveniles?                    the same for adults and                are more restricted than
                                                     juveniles                           those for adults



Inclusion of Suspects/Arrestees                     No provision                           No provision
Are Suspects or Arrestees Included in                   No                                     No
the Database?
                                                                Texas                                         Utah                              Vermont
Adult Qualifying Offenses            Tex. Gov't Code Ann. §§ 411.148, 411.1471, 411.1481, 411.154   Utah Code Ann. § 53-10-403      Vt. Stat. Ann. 20 §§ 1932, 1933
Are All Felonies Included as                                     Yes                                           Yes                                 Yes
Qualifying Offenses?
Are Misdemeanors Included as                                     Yes                                            Yes                                No*
Qualifying Offenses?
      Misdemeanor Sex Crimes                               Public lewdness                              Sex. Abuse of minor                        ***
                                                          Indecent exposure




    Misdemeanor Violent Crimes                                   ***                                             ***                               ***




   Misdemeanor Property Crimes                                   ***                                 "Class A burglary offense"                    ***
                                                                                                         Attempted burglary

Miscellaneous Misdemeanors / Notes                           Court order                            Conviction on lower degree of   * No specific misdemeanors are
                                                                                                         qualifying offense          listed in the statute; however, a
                                                                                                                                    DNA sample may be collected as
                                                                                                                                     part of a plea agreement where
                                                                                                                                    the original crime charged was a
                                                                                                                                                   felony.




Inclusion of Juveniles                   Tex. Gov't Code Ann. §§ 411.148, 411.1481, 411.150         Utah Code Ann. § 53-10-403          Vt. Stat. Ann. 20 § 1933
Are Juveniles Adjudicated               Yes. The statute applies to juveniles adjudicated as having engaged    Yes. The statute applies to     No. The statute applies to "every
Delinquent (Or Its Equivalent)                                 in delinquent conduct                            juveniles, 14 yrs. or older,         person convicted"
Included in the Database?                                                                                      adjudicated to be within the
                                                                                                                jurisdiction of the juvenile
                                                                                                                           court.




Are the Qualifying Offenses the Same                      The juvenile qualifying offenses                     The qualifying offenses are        The qualifying offenses are
for Adults and Juveniles?                                    are more restricted than                           the same for adults and            the same for adults and
                                                                  those for adults                                      juveniles                          juveniles



Inclusion of Suspects/Arrestees                     Tex. Gov't Code Ann. §§ 411.1471, 411.151                         No provision                   Vt. Stat. Ann. 20 § 1940
Are Suspects or Arrestees Included in    Yes. Those indicted for a certain subset of felonies must provide a              No                    Yes. The statute allows for the
the Database?                             DNA sample; those arrested for the same subset of felonies after                                      taking and profiling of suspects'
                                         having been convicted or placed on deferred adjudication for one of                                   DNA. However, the statute does
                                           those felonies (or burglary of a habitation) must also provide a                                     not mandate that DNA be taken
                                        sample. Arrestees and indictees can petition for expungement of the                                       from all suspects. When the
                                        DNA Record if no conviction results from the arrest/indictment. See                                     person ceases to be a suspect,
                                                            Tex. Code Crim. Pro. § 55.01                                                       then his DNA sample and profile
                                                                                                                                                  are expunged and disposed.
                                              Virginia                     Washington                        West Virginia
Adult Qualifying Offenses            Va. Code Ann. § 19.2-310.2   Wash. Rev. Code Ann. § 43.43.754     W. Va. Code Ann. § 15-2B-6
Are All Felonies Included as                    Yes                            Yes                                Yes
Qualifying Offenses?
Are Misdemeanors Included as                    No                              Yes                                  Yes
Qualifying Offenses?
      Misdemeanor Sex Crimes                    ***                   Communication with minor            Sexual abuse (2° or 3°)
                                                                        for immoral purposes




    Misdemeanor Violent Crimes                  ***                          Stalking                          Assault/battery
                                                                            Harassment                    Assault/battery of police,
                                                                                                                firemen, etc.
                                                                                                     Giving false info re: child's injuries
                                                                                                         Involuntary manslaughter
                                                                                                       Attempted extortion by threat



   Misdemeanor Property Crimes                  ***                             ***                                   ***



Miscellaneous Misdemeanors / Notes              ***                             ***                                   ***




Inclusion of Juveniles               Va. Code Ann. § 16.1-299.1   Wash. Rev. Code Ann. § 43.43.754     W. Va. Code Ann. § 15-2B-6
Are Juveniles Adjudicated                Yes. The statute applies to juveniles   Yes. The statute applies to juveniles   No. The statute applies to "any
Delinquent (Or Its Equivalent)            convicted or adjudicated delinquent       convicted or adjudicated guilty            person convicted"
Included in the Database?                of a qualifying offense, who were 14
                                          yrs. or older when the offense was
                                                       committed.




Are the Qualifying Offenses the Same          The qualifying offenses are            The qualifying offenses are           The qualifying offenses are
for Adults and Juveniles?                      the same for adults and                the same for adults and               the same for adults and
                                                       juveniles                              juveniles                             juveniles



Inclusion of Suspects/Arrestees           Va. Code Ann. § 19.2-310.2:1                       No provision                         No provision
Are Suspects or Arrestees Included in Yes. Samples are taken from those                          No                                   No
the Database?                         arrested for a "violent felony." Before
                                               sampling, a magistrate
                                          must find that probable cause
                                       exists for the arrest. If the charge is
                                      dismissed or the defendant acquitted
                                         at trial, the DNA profile shall be
                                                      expunged.
                                                 Wisconsin                            Wyoming
Adult Qualifying Offenses            Wis. Stat. Ann. §§ 165.76, 980.063        Wyo. Stat. Ann. § 7-19-403
Are All Felonies Included as                         Yes                                  Yes
Qualifying Offenses?
Are Misdemeanors Included as                        No                                     No
Qualifying Offenses?
      Misdemeanor Sex Crimes                        ***                                    ***




    Misdemeanor Violent Crimes                      ***                                    ***




   Misdemeanor Property Crimes                      ***                                    ***



Miscellaneous Misdemeanors / Notes                  ***                                    ***




Inclusion of Juveniles                    Wis. Stat. Ann. § 165.76        Wyo. Stat. Ann. §§ 7-19-401, 7-19-403
Are Juveniles Adjudicated               Yes. The statute applies to juveniles   No. The statute applies to "every person
Delinquent (Or Its Equivalent)                adjudicated delinquent                          convicted"
Included in the Database?




Are the Qualifying Offenses the Same        The qualifying offenses are               The qualifying offenses are
for Adults and Juveniles?                    the same for adults and                   the same for adults and
                                                     juveniles                                 juveniles



Inclusion of Suspects/Arrestees                     No provision                             No provision
Are Suspects or Arrestees Included in                   No                                       No
the Database?
                                                    Alabama                                      Alaska
References:                                  Ala. Code § 36-18-28                        Alaska Stat. § 11.56.762
Misuse of DNA                                Ala. Code § 36-18-29
Samples and Records                          Ala. Code § 36-18-35
                                             Ala. Code § 36-18-37
Criminal Penalties for      Class B felony: Intentional destruction, mutilation,              No provision
Tampering with DNA         concealment, removal, impairment of the veracity or
Samples and Records       availability of records, knowing one lacks authorization
Criminal Penalties for,       Class B felony: Knowing falsification of entries                No provision
or Consequences of,                         or alteration of records
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for        Class C felony: Knowing and willful obtainment             Class C felony: Knowing
Improper Access to             of individually identifiable information without       possession of DNA samples or
and Use of DNA                      authorization; conspiracy of improper              records without authorization
Samples and Records                               obtainment

Criminal Penalties for         Class C felony: Knowing and willful disclosure            Class C felony: Knowing
Improper Disclosure             of individually identifiable information to an             allowance of access
of DNA Samples and                  unauthorized recipient; conspiracy of              to DNA samples or records
Records                                     improper disclosure                            without authorization
Private Cause of                                 No provision                                  No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from             Forensic employees free from civil liability when taking,           No provision
Liability Despite             collecting, storing, analyzing, or testing of DNA is
Misuse of DNA                  performed pursuant to rules & regs, and alleged
Samples and Records         injury was not caused by willful and wanton behavior
Other Penalties or        Class B felony: Refusal to deliver a forensic record upon                ***
Notes                          proper request by a lawfully authorized recipient.
                                 Class B felony: Unlawful influence of forensic
                                                    employees
                              Class B felony: Solicitation or receipt of bribes by
                                               forensic employees
                                Class C felony: Failure of forensic employee to
                                         disclose a conflict of interest.
                           Arizona                             Arkansas
References:               No provision                Ark. Code Ann. § 12-12-1111
Misuse of DNA                                         Ark. Code Ann. § 12-12-1115
Samples and Records                                   Ark. Code Ann. § 12-12-1116
                                                      Ark. Code Ann. § 12-12-1117
Criminal Penalties for    No provision                        No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,   No provision              The detention, arrest, or conviction
or Consequences of,                                  of a person based on a database
Improper Entry of DNA                              match or database information is not
Samples and Records                               invalidated if the sample was obtained
Into the Database.                                 or placed in the database by mistake
Criminal Penalties for    No provision       Class A misdemeanor: Knowing obtainment of
Improper Access to                          individually identifiable DNA information from the
and Use of DNA                                 database or databank without authorization
Samples and Records

Criminal Penalties for    No provision         Class A misdemeanor: Knowing disclosure of
Improper Disclosure                       individually identifiable info from the DNA database or
of DNA Samples and                           databank, knowing the recipient is unauthorized;
Records                                   disclosure to unauthorized recipient for pecuniary gain
Private Cause of          No provision      The State Crime Lab or any aggrieved individual or
Action for Individuals                     agency can sue to enjoin any criminal or noncriminal
Aggrieved by Misuse                      justice agency, organization or individual from violating
of DNA Samples and                       the database provisions and to compel them to comply
Records                                                       with the provisions
Immunity from             No provision                           No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or            ***           The computer software and database structures
Notes                                       used to implement the database are confidential
                                                     California                                            Colorado
References:                                    Cal. Penal Code § 297                           Colo. Rev. Stat. Ann. § 24-72-305
Misuse of DNA                                  Cal. Penal Code § 298                           Colo. Rev. Stat. Ann. § 24-72-309
Samples and Records                           Cal. Penal Code § 299.5

Criminal Penalties for                              No provision                                         No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,       The detention, arrest, or conviction of a person based upon                No provision
or Consequences of,           a data bank match or data base info is not invalidated if the
Improper Entry of DNA     sample was obtained, placed or retained in the data bank/base by
Samples and Records          mistake. DOJ and law enforcement agencies and employees
Into the Database.          immune from civil or criminal actions regarding mistaken entry
Criminal Penalties for         Felony or misdemeanor: Knowing use of a DNA sample or                     No provision
Improper Access to               profile for other than criminal ID or exclusion purposes.
and Use of DNA                    A criminal fine ($10K or 3x financial gain, whichever is
Samples and Records                larger) is assessed against a person who knowingly
                                   misuses a DNA sample or profile for pecuniary gain.
Criminal Penalties for        Felony or misdemeanor: Knowing disclosure of DNA info to            Misdemeanor: Willful and
Improper Disclosure              an unauthorized recipient, for an unauthorized purpose.            knowing disclosure of
of DNA Samples and            A criminal fine ($10K fine or 3x gain, whichever is larger) is           DNA records
Records                      assesed for knowing improper disclosure for pecuniary gain.
Private Cause of             If a DOJ employee knowingly misuses or discloses DNA info                   No provision
Action for Individuals        the department is civilly liable to the DNA donor for $5K per
Aggrieved by Misuse           violation, plus attorneys' fees and costs, to a maximum sum
of DNA Samples and          of $50K. This is the sole and exclusive civil remedy available.
Records
Immunity from               DOJ / law enforcement agencies and employees are immune                      No provision
Liability Despite             from civil or criminal actions regarding mistaken entry.
Misuse of DNA               DOJ employees who improperly disclosure DNA information
Samples and Records                   are absolutely immune from civil liability
Other Penalties or                The computer software and database structures                               ***
Notes                             used to implement the database are confidential
                                              Connecticut
References:                           Conn. Gen. Stat. Ann. § 54-102k
Misuse of DNA
Samples and Records

Criminal Penalties for                         No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,                        No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for        Class A misdemeanor: Improper use or receipt of
Improper Access to            databank information, knowing the use or receipt
and Use of DNA                         is for an unauthorized purpose.
Samples and Records       Class D felony: Unauthorized obtainment of DNA sample
                              for purposes of having a DNA analysis performed
Criminal Penalties for       Class C misdemeanor: Dissemination of databank
Improper Disclosure                          info without authority.
of DNA Samples and         Class A misdemeanor: Dissemination of databank info,
Records                   knowing the dissemination is for an unauthorized purpose
Private Cause of                                  No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from                                  No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                                  ***
Notes
                                            Delaware                            Florida
References:                          Del. Code Ann. 29 § 4713                 No provision
Misuse of DNA
Samples and Records

Criminal Penalties for            Class D felony: Tampering with              No provision
Tampering with DNA                sample or collection container
Samples and Records                   without lawful authority
Criminal Penalties for,                    No provision                       No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for       Class A misdemeanor: Improper receipt            No provision
Improper Access to           or use of database information, knowing
and Use of DNA                 such receipt or use is for a purpose
Samples and Records                    unauthorized by law.

Criminal Penalties for             Class A misdemeanor: Improper              No provision
Improper Disclosure             dissemination of database information,
of DNA Samples and                knowing such dissemination is for a
Records                              purpose unauthorized by law
Private Cause of          [If 16 §§ 1224 and 1227 apply, which is unclear,    No provision
Action for Individuals    one who willfully discloses DNA info in violation
Aggrieved by Misuse          of 29 § 4713 can be held liable for all actual
of DNA Samples and             damages caused by disclosure, including
Records                         economic, bodily, and emotional harm]
Immunity from                               No provision                      No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or          [If 16 § 1227 applies, which is questionable,         ***
Notes                         one who improperly discloses, obtains or
                                  misuses DNA info could be fined.]
                                                Georgia
References:                              Ga. Code Ann. § 24-4-64
Misuse of DNA
Samples and Records

Criminal Penalties for                         No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,                        No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for     Felony: Unauthorized obtainment of sample submitted
Improper Access to            to the Div. of Forensic Sciences for purposes of
and Use of DNA                         having DNA analysis performed
Samples and Records       "High and aggravated" misdemeanor: Receipt or use of
                          data bank info, knowing it's for an unauthorized purpose
Criminal Penalties for     Misdemeanor: Dissemination of info without authority
Improper Disclosure         "High and aggravated" misdemeanor: dissemination
of DNA Samples and           of data bank info, knowing that such dissemination
Records                                 is for an unauthorized purpose
Private Cause of                                  No provisions
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from                                  No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                                  ***
Notes
                                                                 Hawaii
References:                                             Hawaii H.B. 1733 § 63
Misuse of DNA                                           Hawaii H.B. 1733 § 83
Samples and Records                                     Hawaii H.B. 1733 § 85
                                                    Hawaii H.B. 1733 § 113, 114
Criminal Penalties for    [Class C felony: the qualified offender intentionally or knowingly tampers
Tampering with DNA        with the specimen or collection container, or facilitates the collection of a
Samples and Records         wrongly attributed sample, w/ intent to deceive the govt. See § 112.]
Criminal Penalties for,     The law enforcement agency collecting the samples is responsible for
or Consequences of,          ensuring that the person is a qualified offender prior to collecting the
Improper Entry of DNA      samples. But the failure of the agency to do so does not invalidate an
Samples and Records        arrest, plea, conviction, or disposition. The agency and its employees
Into the Database.             are also immune from criminal and civil liability for improper entry.
Criminal Penalties for      Misdemeanor: Intentional or knowing use of a DNA sample or profile
Improper Access to                       for other than criminal ID or exclusion purposes.
and Use of DNA                  A criminal fine ($10K or 3x financial gain, whichever is larger) is
Samples and Records         is assessed against a person who knowingly misuses a DNA sample
                                                     or profile for pecuniary gain.
Criminal Penalties for     Misdemeanor: Intentional or knowing disclosure of DNA or forensic info
Improper Disclosure           to unauthorized persons, for other than criminal forensic purposes.
of DNA Samples and                 A criminal fine ($10K fine or 3x gain, whichever is larger) is
Records                           assesed for knowing improper disclosure for pecuniary gain.
Private Cause of               If a police dept. employee knowingly misuses or discloses a DNA
Action for Individuals     sample or profile, the dept. is civilly liable to the DNA donor for $5K per
Aggrieved by Misuse         violation, plus attorneys' fees and costs, to a maximum sum of $50K.
of DNA Samples and            This is the sole and exclusive civil remedy available; the employee
Records                            is absolutely immune from civil liability under any other law.
Immunity from                 Police department and law enforcement agencies and employees
Liability Despite             are immune from civil or criminal actions regarding mistaken entry.
Misuse of DNA                      DOJ employees who improperly disclosure DNA information
Samples and Records                            are absolutely immune from civil liability
Other Penalties or                        The computer software and database structures
Notes                                      used by the DNA laboratory of the department
                                             to implement the database are confidential
                                       Idaho                                             Illinois
References:                     Idaho Code §19-5514                         730 Ill. Comp. Stat. Ann. § 5/5-4-3
Misuse of DNA                                                               410 Ill. Comp. Stat. Ann. § 513/40
Samples and Records

Criminal Penalties for               No provision                                       No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,              No provision                                       No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for               No provision                       Class 4 felony: Intentional misuse of DNA
Improper Access to                                                      information beyond the authorized scope
and Use of DNA
Samples and Records

Criminal Penalties for    Misdemeanor: Willful disclosure of            Class 4 felony: Intentional misuse of DNA
Improper Disclosure       individually identifiable information         information beyond the authorized scope
of DNA Samples and         from the database or databank to
Records                        an unauthorized recipient.
Private Cause of                     No provisions                   [410 ILCS § 513/40 may provide a civil remedy:
Action for Individuals                                               An aggrieved person can recover the greater of
Aggrieved by Misuse                                                    actual or liquidated damages for a negligent,
of DNA Samples and                                                reckless, or intentional violation; he can also win
Records                                                                attorneys' fees, an injunction, or other relief.]
Immunity from                        No provision                                       No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                         ***                                               ***
Notes
                                              Indiana                                             Iowa
References:                          Ind. Code Ann. § 10-13-6-8                           Iowa Code Ann. § 81.6
Misuse of DNA                       Ind. Code Ann. § 10-13-6-21                           Iowa Code Ann. § 81.7
Samples and Records                 Ind. Code Ann. § 10-13-6-22

Criminal Penalties for          Class D felony: Knowing or intentional,          Class D felony: Knowingly or intentionally
Tampering with DNA        without lawful authority, tampering with sample      altering a sample, tampering with its source,
Samples and Records                      or collection container                or materially altering a collection container
Criminal Penalties for,   The detention, arrest, or conviction of a person        The detention, arrest, or conviction of a
or Consequences of,         based on a database match or database info         person based upon a database match is not
Improper Entry of DNA      is not invalidated if a court determines that the   invalidated if the DNA sample or profile was
Samples and Records       DNA sample was obtained or placed in the DNA          obtained or entered into the DNA database
Into the Database.                       database by mistake                                 by mistake or error.
Criminal Penalties for      Class A misdemeanor: Knowing or intentional           Aggravated misdemeanor: Knowingly or
Improper Access to            receipt or use of database information or            intentionally using or obtaining a DNA
and Use of DNA                 samples, knowing such receipt or use is               record for an unauthorized purpose
Samples and Records               for a purpose unauthorized by law

Criminal Penalties for     Class A misdemeanor: Knowing or intentionally          Aggravated misdemeanor: Knowing
Improper Disclosure         disseminating database information, knowing          or intentional disclosure of any part of a
of DNA Samples and        such dissemination is for a purpose unauthorized       DNA record to an unauthorized person
Records                                        by law
Private Cause of                           No provision                                        No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from                               No provision                                       No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                               ***                                                ***
Notes
                            Kansas                     Kentucky                                Louisiana
References:               No provision        Ky. Rev. Stat. Ann. § 17.170            La. Rev. Stat. Ann. § 15:617
Misuse of DNA                                 Ky. Rev. Stat. Ann. § 17.175            La. Rev. Stat. Ann. § 15:618
Samples and Records

Criminal Penalties for    No provision       Class D felony: Tampering with         Felony: Tampering with sample
Tampering with DNA                           sample or collection container             or collection container
Samples and Records                              without lawful authority               without lawful authority
Criminal Penalties for,   No provision                No provision                           No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for    No provision   Class A misdemeanor: Improper receipt        Felony: Improper obtainment
Improper Access to                       or use of database information, knowing     of individually identifiable DNA
and Use of DNA                             such receipt or use is for a purpose     information without authorization
Samples and Records                                unauthorized by law.

Criminal Penalties for    No provision      Class A misdemeanor: Improper          Felony: Improper disclosure of info
Improper Disclosure                      dissemination of database information,     from the data base or data bank,
of DNA Samples and                         knowing such dissemination is for a       knowing that the recipient is not
Records                                       purpose unauthorized by law             authorized to receive the info
Private Cause of          No provision               No provision                             No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from             No provision                No provision                            No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or            ***                          ***                                     ***
Notes
                                     Maine                          Maryland                          Massachusetts
References:               Me. Rev. Stat. Ann. 25 § 1578   Md. Code Ann., Pub. Saf. § 2-512     Mass. Gen. Laws Ann. 22E § 12
Misuse of DNA                                                                                  Mass. Gen. Laws Ann. 22E § 13
Samples and Records                                                                            Mass. Gen. Laws Ann. 22E § 14

Criminal Penalties for            No provision                      No provision               Felony: Tampering with sample
Tampering with DNA                                                                                  or record with intent to
Samples and Records                                                                               interfere in DNA analysis
Criminal Penalties for,           No provision                      No provision                         No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for            No provision            Misdemeanor: Willful obtainment      Misdemeanor: Wilful obtainment
Improper Access to                                         of individually identifiable info       of a DNA record without
and Use of DNA                                                 from the DNA database                     authorization
Samples and Records

Criminal Penalties for    Class E crime (lowest class):   Misdemeanor: Willful disclosure         Misdemeanor: Purposeful
Improper Disclosure        Knowing dissemination of        of individually identifiable info     disclosure of a DNA record
of DNA Samples and         DNA record in violation of       from the DNA database to             to a recipient unauthorized
Records                     the database provisions           unauthorized recipients.                   to receive it.
Private Cause of                  No provision                       No provision                        No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from                     No provision                      No provision                        No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                     ***                               ***                                 ***
Notes
                           Michigan      Minnesota                 Mississippi                         Missouri
References:               No provision   No provision              No provision                 Mo. Ann. Stat. § 650.055
Misuse of DNA
Samples and Records

Criminal Penalties for    No provision   No provision              No provision                        No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,   No provision   No provision              No provision                        No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for    No provision   No provision        [§ 45-33-51 provides for            Class A misdemeanor:
Improper Access to                                            penalties for misuse of               Unauthorized use of
and Use of DNA                                               sex offender information.            individually identifiable
Samples and Records                                        This provision doesn't seem              information from the
                                                           to apply to DNA information]                DNA database
Criminal Penalties for    No provision   No provision              No provision                  Class A misdemeanor:
Improper Disclosure                                                                            Dissemination of individually
of DNA Samples and                                                                                   identifiable info for
Records                                                                                           unauthorized purposes
Private Cause of          No provision   No provision        [§ 45-33-53 grants a private               No provision
Action for Individuals                                       cause of action for improper
Aggrieved by Misuse                                      release of sex offender info when
of DNA Samples and                                       done in bad faith. This provision
Records                                                 doesn't seem to apply to DNA info]
Immunity from             No provision   No provision      [§ 45-33-53 grants immunity to              No provision
Liability Despite                                          actors who release sex offender
Misuse of DNA                                             info in good faith. This provision
Samples and Records                                     doesn't seem to apply to DNA info]
Other Penalties or            ***            ***                          ***                               ***
Notes
                                   Montana                                         Nebraska
References:                Mont. Code Ann. § 44-6-108                       Neb. Rev. Stat. § 29-4110
Misuse of DNA              Mont. Code Ann. § 44-5-111                       Neb. Rev. Stat. § 29-4111
Samples and Records        Mont. Code Ann. § 44-5-112                       Neb. Rev. Stat. § 29-4112
                           Mont. Code Ann. § 44-2-205                       Neb. Rev. Stat. § 29-4108
Criminal Penalties for            No provision                                    No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,             No provision                                   No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for              No provision                          Class III misdemeanor: Knowing
Improper Access to                                                      obtainment of individually identifiable
and Use of DNA                                                            DNA records or samples from the
Samples and Records                                                        database or databank without
                                                                                authorization to do so.
Criminal Penalties for    Withholding of salary: Knowing      Class III misdemeanor (? penalty unclear): Disclosure
Improper Disclosure         and purposeful violation of         of individually identifiable DNA records or samples,
of DNA Samples and         provisions on dissemination               knowing that the recipient is unauthorized;
Records                         of criminal records           Class III misdemeanor: Disclosure for pecuniary gain
Private Cause of          A person can apply for a court       Police or aggrieved person or agency can enjoin any
Action for Individuals     order to enforce compliance        person, agency, or law enforcement from violating Act
Aggrieved by Misuse       with dissemination provisions       Civil remedy for knowing disclosure for pecuniary gain:
of DNA Samples and                                             damages of at least $100 per violation, plus litigation
Records                                                                       costs and attorneys' fees.
Immunity from                       No provision                                     No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or         Under § 44-6-108, DNA info is        The Nebraska State Patrol may, for good cause,
Notes                     treated as "confidential criminal    revoke or suspend the right of a forensic laboratory
                             justice info". Those general        to have access to or submit records to the DNA
                                   provisions apply.                               database.
                            Nevada                           New Hampshire
References:               No provision                 N.H. Rev. Stat. Ann. § 651:C-4
Misuse of DNA
Samples and Records

Criminal Penalties for    No provision                          No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,   No provision      Dept. of Safety and its employees are not liable for the
or Consequences of,                      erroneous collection and entry of samples in the database,
Improper Entry of DNA                       where the collection and entry were made in good faith
Samples and Records                        reliance that the individual was convicted of a qualifying
Into the Database.                                                      offense.
Criminal Penalties for    No provision   Class B felony: obtainment, for purpose of performing DNA
Improper Access to                         analysis, of a DNA sample submitted to lab for analysis
and Use of DNA                                 Class A misdemeanor: Improper receipt or use of
Samples and Records                        database information, knowing that such receipt or use
                                                            is for an unauthorized purpose
Criminal Penalties for    No provision        Class A misdemeanor: Dissemination of database
Improper Disclosure                            information, knowing that the dissemination is for
of DNA Samples and                                             an unauthorized purpose.
Records                                    Class B misdemeanor: Dissem. of info without authority
Private Cause of          No provision      [§§ 141-H:2 and 141-H:6 provide for a private cause of
Action for Individuals                    action for improper disclosure of genetic tests; however it
Aggrieved by Misuse                       is questionable as to whether these statutes apply to the
of DNA Samples and                         DNA database, or whether their application is limited to
Records                                               employment and insurance situations.]
Immunity from             No provision       Dept. of Safety and its employees are immune from
Liability Despite                                liability for improper collection and entry where
Misuse of DNA                                               their actions were in good faith
Samples and Records
Other Penalties or            ***                               No provision
Notes
                                             New Jersey                                       New Mexico
References:                          N.J. Stat. Ann. § 53:1-20.26                       N.M. Stat. Ann. § 29-16-12
Misuse of DNA                                                                           N.M. Stat. Ann. § 24-21-6
Samples and Records

Criminal Penalties for                       No provision                                      No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,                      No provision                                      No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for                       No provision                      Felony (4°): Use of DNA samples or records
Improper Access to                                                                in a manner unauthorized by the DNA
and Use of DNA                                                                               Identification Act
Samples and Records                                                            Felony (4°): Obtainment of DNA samples or
                                                                                   records for an unauthorized purpose
Criminal Penalties for           Disorderly persons offense: Purposeful            Felony (4°): Willful disclosure of DNA
Improper Disclosure                disclosure of individually identifiable           samples or records in a manner
of DNA Samples and             information from the database or databank          unauthorized by the DNA Identification
Records                                to an unauthorized recipient                                  Act.
Private Cause of           [§ 10:5-49 provides a private cause of action for      [§ 24-21-6 provides for a civil cause of
Action for Individuals     actual damages caused by improper disclosure        action for wrongful collection, retention, and
Aggrieved by Misuse         including economic, bodily, or emotional harm;     use of genetic information; it is quesitonable,
of DNA Samples and         it is questionable, however, whether this statute     however, whether this statute applies to
Records                     applies to matters involving the DNA database]         matters involving the DNA database]
Immunity from                                  No provision                                     No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or          [If § 10:5-49 applies, which is questionable, a                          ***
Notes                     person who violates DNA disclosure requirements
                            could face additional punishments (fine and/or
                                             prison term)]
                                        New York                               North Carolina
References:                       N.Y. Exec. Law § 995-f                 N.C. Gen. Stat. § 15A-266.11
Misuse of DNA                     N.Y. Exec. Law § 995-b                 N.C. Gen. Stat. § 15A-266.9
Samples and Records

Criminal Penalties for      Class E felony: Knowing tampering                     No provision
Tampering with DNA          with sample without lawful authority
Samples and Records
Criminal Penalties for,                 No provision                              No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for        Class E felony: Intentional use or          Class 1 misdemeanor: wilfull
Improper Access to           receipt of DNA records or analysis       obtainment of individually identifiable
and Use of DNA              for an purpose unauthorized by law         info from the databank or database
Samples and Records                                                            without authorization

Criminal Penalties for     Class E felony: Intentional disclosure         Class 1 misdemeanor: wilfull
Improper Disclosure           of DNA records or analysis to a         disclosure of individually identifiable
of DNA Samples and          recipient unauthorized to receive it.     info from the databank or database
Records                                                                   to an unauthorized recipient
Private Cause of                        No provision                              No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from                           No provision                              No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or          § 995-b establishes a civil penalty for      The State Bureau of Investigation
Notes                      knowingly operating a DNA lab without       is authorized to revoke the right of a
                            the proper accreditation. It provides     forensic laboratory to exchange DNA
                            that a lab's accreditation be revoked        records with other criminal justice
                                upon a finding of misconduct.         agencies if it does not meet required
                              [Civil Rights Law § 79-l penalizes           control and privacy standards
                             improper use/disclosure of genetic
                             info. It's questionable whether this
                          provision applies to the DNA Database.]
                                     North Dakota                                   Ohio
References:                    N.D. Cent. Code § 31-13-09               Ohio Rev. Code Ann. § 109.573
Misuse of DNA                  N.D. Cent. Code § 31-13-04               Ohio Rev. Code Ann. § 109.99
Samples and Records

Criminal Penalties for        Class C felony: Tampering with                      No provision
Tampering with DNA            sample or collection container
Samples and Records               without lawful authority
Criminal Penalties for,                No provision                               No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for    Class A misdemeanor: Improper receipt     Misdemeanor (1°): Purposeful obtainment
Improper Access to        or use of database information, knowing   of individually identifiable DNA database
and Use of DNA              such receipt or use is for a purpose         information without authorization
Samples and Records                 unauthorized by law.                Misdemeanor (1°): Misuse of DNA
                                                                          samples, records or information
Criminal Penalties for       Class A misdemeanor: Improper            Misdemeanor (1°): Knowing disclosure
Improper Disclosure       dissemination of database information,    of individually identifiable DNA database
of DNA Samples and          knowing such dissemination is for a      information to an unauthorized recipient
Records                        purpose unauthorized by law
Private Cause of                      No provision                                No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from                          No provision                               No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                          ***                                        ***
Notes
                                     Oklahoma                                  Oregon
References:                 Okla. Stat. Ann. 74 § 150.27a                     No provision
Misuse of DNA
Samples and Records

Criminal Penalties for              No provision                              No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,      Any DNA specimen taken in                        No provision
or Consequences of,           good faith may be kept and
Improper Entry of DNA         maintained in the database
Samples and Records       despite not having been procured
Into the Database.          in compliance with the statute
Criminal Penalties for               No provision            [§ 192.543 creates a misdemeanor penalty for
Improper Access to                                            knowing, reckless, or negligent obtainment or
and Use of DNA                                                   retention of genetic info; it's questionable
Samples and Records                                               whether it applies to the DNA database
                                                                                     statute]
Criminal Penalties for        Misdemeanor: Improper          [§ 192.543 creates a misdemeanor penalty for
Improper Disclosure           disclosure of information       knowing, reckless, or negligent disclosure of
of DNA Samples and                                                genetic info; it's questionable whether it
Records                                                           applies to the DNA database provision]
Private Cause of                    No provision               [§ 192.541 creates a civil cause of action for
Action for Individuals                                       violations of disclosure, informed consent, and
Aggrieved by Misuse                                                retention/destruction provisions of the
of DNA Samples and                                               Genetic Privacy statutes; it's questionable
Records                                                         whether it applies to DNA database statute]
Immunity from                       No provision                                 No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                       ***                                       ***
Notes
                                                 Pennsylvania                                           Rhode Island
References:                                 Pa. Stat. Ann. 44 § 2331                              R.I. Gen. Laws § 12-1.5-14
Misuse of DNA                               Pa. Stat. Ann. 44 § 2332                              R.I. Gen. Laws § 12-1.5-15
Samples and Records                         Pa. Stat. Ann. 44 § 2333                              R.I. Gen. Laws § 12-1.5-12
                                            Pa. Stat. Ann. 44 § 2320
Criminal Penalties for                            No provision                                 Felony: Tampering with sample
Tampering with DNA
Samples and Records
Criminal Penalties for,                           No provision                                           No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for             Misdemeanor (1°): Knowing obtainment of                    Felony: Obtainment of DNA sample
Improper Access to                    individually identifiable info from the                without authorization, for purposes of
and Use of DNA                           database or databank without                               performing DNA analysis
Samples and Records                                authorization                            [Obtainment of individually identifiable
                                                                                             information is also prohibited by law]
Criminal Penalties for           Misdemeanor (1°): Disclosure, for pecuniary gain            Misdemeanor: Improper disclosure of
Improper Disclosure               for oneself or others, of individually identifiable        individually identifiable info from the
of DNA Samples and              database or databank info; disclosure, knowing that           databank or database, knowing that
Records                      recipients are unauthorized is likely punished the same       the recipient is unauthorized to receive it
Private Cause of           The State Police or an aggrieved person can sue to enjoin            An aggrieved person may bring
Action for Individuals     noncompliance and/or compel compliance with provisions.                 a civil action for damages,
Aggrieved by Misuse       Civil actions granted to those aggrived by knowing violations.        injunctive relief, and reasonable
of DNA Samples and        Damages include actual and real damages, litigation costs,                       attorneys' fees
Records                       attorneys' fees, and exemplary and punitive damages.
Immunity from                                       No provision                                         No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or           The State Police is authorized, for good cause shown,         The Department of Health is authorized,
Notes                           to revoke or suspend the right of a forensic DNA            for good cause, to revoke or suspend
                             laboratory to access or exchange records with criminal           the right of a forensic laboratory to
                                                justice agencies.                          access or exchange DNA identification
                                                                                            records with criminal justice agencies
                                 South Carolina                              South Dakota                 Tennessee
References:                 S.C. Code Ann. § 23-3-650                S.D. Codified Laws § 23-5A-26        No provision
Misuse of DNA                                                        S.D. Codified Laws § 23-5A-20
Samples and Records                                                  S.D. Codified Laws § 23-5A-15
                                                                     S.D. Codified Laws § 23-5A-27
Criminal Penalties for              No provision               Class 5 felony: Knowing or intentional     No provision
Tampering with DNA                                             tampering with a sample or collection
Samples and Records                                                container without lawful authority
Criminal Penalties for,             No provision              The detention, arrest, or conviction of a   No provision
or Consequences of,                                            person based on a database match or
Improper Entry of DNA                                         database information is not invalidated
Samples and Records                                             if the sample was obtained or placed
Into the Database.                                                    in the database by mistake.
Criminal Penalties for    Misdemeanor: Willful obtainment      Class 5 felony: Knowing or intentional     No provision
Improper Access to            of individually identifiable          use or receipt of DNA records or
and Use of DNA             information from the databsae       analyses for an unauthorized purpose
Samples and Records             without authorization.

Criminal Penalties for    Misdemeanor: Willful disclosure     Class 5 felony: Knowing or intentional      No provision
Improper Disclosure           of individually identifiable    disclosure of DNA records or analyses
of DNA Samples and        information from the database             to an unauthorized recipient
Records                     to an unauthorized recipient
Private Cause of            [Privacy of Genetic Info Act                    No provision                  No provision
Action for Individuals        provides for civil action for
Aggrieved by Misuse          injunction, damages, atty's
of DNA Samples and             fees; application to DNA
Records                         database questionable]
Immunity from                        No provision                           No provision                  No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                       ***                    The State Forensic Laboratory may             ***
Notes                                                          revoke the right of any public forensic
                                                                 lab to access and contribute DNA
                                                              records to the database if the required
                                                                  disclosure and quality assurance
                                                                       standards are not met.
                                                               The computer software and database
                                                                  structures used to implement the
                                                                      database are confidential
                                               Texas                               Utah
References:                        Tex. Gov't Code Ann. § 411.153               No provision
Misuse of DNA
Samples and Records

Criminal Penalties for                       No provision                       No provision
Tampering with DNA
Samples and Records
Criminal Penalties for,                      No provision                       No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for                       No provision                       No provision
Improper Access to
and Use of DNA
Samples and Records

Criminal Penalties for       State jail felony / official misconduct: Knowing   No provision
Improper Disclosure       disclosure of DNA information except as authorized
of DNA Samples and
Records
Private Cause of                             No provision                       No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from                                No provision                       No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                                ***                               ***
Notes
                                          Vermont                                             Virginia
References:                       Vt. Stat. Ann. 20 § 1941                           Va. Code Ann. § 19.2-310.6
Misuse of DNA                     Vt. Stat. Ann. 20 § 1945
Samples and Records

Criminal Penalties for         Felony: Knowing or intentional,                               No provision
Tampering with DNA                without lawful authority,
Samples and Records                tampering with sample
Criminal Penalties for,                 No provision                                         No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for            Misdemeanor: Intentional                Class 5 Felony: Obtainment, for purposes of having
Improper Access to               use of DNA records for an                 DNA analysis performed, of a sample submitted to
and Use of DNA                     unauthorized purpose                             the Division of Forensic Science.
Samples and Records          Misdemeanor: Intentional violation           Class 1 misdemeanor: Receipt/use of database info,
                             of confidentiality re: DNA samples          knowing such receipt/use is for unauthorized purpose.
Criminal Penalties for       Misdemeanor: Intentional violation                 Class 1 misdemeanor: Dissemination of
Improper Disclosure          of confidentiality re: DNA samples             database info, knowing that such dissemination
of DNA Samples and                                                                is for a purpose unauthorized by law
Records                                                                   Class 3 misdemeanor: Unauthorized dissemination
Private Cause of           An aggrieved person may bring a civil                               No provision
Action for Individuals     action for punitive damages, equitable
Aggrieved by Misuse       relief, including injunction, restitution of
of DNA Samples and        wages or benefits, reinstatement, costs,
Records                   attys' fees, and other appropriate relief
Immunity from                             No provision                                       No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                            ***                                                 ***
Notes
                                       Washington                                 West Virginia
References:                   Wash. Rev. Code Ann. § 43.43.754             W. Va. Code Ann. § 15-2B-12
Misuse of DNA                                                              W. Va. Code Ann. § 15-2B-13
Samples and Records

Criminal Penalties for                    No provision                     Misdemeanor: Willful removal,
Tampering with DNA                                                          destruction, or mutilation of
Samples and Records                                                        DNA samples, records or info
Criminal Penalties for,    Detention, arrest, or conviction based on a             No provision
or Consequences of,        database match or database information is
Improper Entry of DNA     not invalidated if the sample was obtained or
Samples and Records        entered by mistake, or if the conviction was
Into the Database.         subsequently vacated or otherwise altered.
Criminal Penalties for                      No provision                  Misdemeanor: Wilfull obtainment
Improper Access to                                                          of individually identifiable info
and Use of DNA                                                             from the databank or database
Samples and Records                                                              without authorization

Criminal Penalties for                    No provision                    Misdemeanor: Wilfull disclosure
Improper Disclosure                                                        of individually identifiable info
of DNA Samples and                                                        from the databank or database
Records                                                                     to an unauthorized recipient
Private Cause of                           No provision                              No provision
Action for Individuals        ["This section creates no rights in a
Aggrieved by Misuse                       third party."]
of DNA Samples and
Records
Immunity from              No cause of action may be brought based                  No provision
Liability Despite            upon the delayed or non-collection or
Misuse of DNA                        analysis of samples
Samples and Records
Other Penalties or                             ***                        Misdemeanor: Refusal or neglect
Notes                                                                       to do one's duties under the
                                                                             DNA database provisions.
                                                                              Such neglect constitutes
                                                                           misfeasance in office and may
                                                                           subject that person to removal
                                       Wisconsin                            Wyoming
References:                      Wis. Stat. Ann. § 165.77            Wyo. Stat. Ann. § 7-19-404
Misuse of DNA
Samples and Records

Criminal Penalties for                 No provision                   Misdemeanor: (Willful ?)
Tampering with DNA                                                  tampering with a DNA sample
Samples and Records
Criminal Penalties for,                No provision                         No provision
or Consequences of,
Improper Entry of DNA
Samples and Records
Into the Database.
Criminal Penalties for      [§ 943.201 penalizes "unauthorized     Misdemeanor: Willful obtainment
Improper Access to            use of of an individual's personal       of DNA records without
and Use of DNA             identifying information or documents"           authorization.
Samples and Records        as a Class H felony. DNA is included
                            as personal identifying information]
Criminal Penalties for    Misdemeanor: Intentional dissemination   Misdemeanor: Willful disclosure
Improper Disclosure        of a DNA sample or information in an    of DNA records to unauthorized
of DNA Samples and                  unauthorized manner.                     recipients
Records
Private Cause of                       No provision                         No provision
Action for Individuals
Aggrieved by Misuse
of DNA Samples and
Records
Immunity from                          No provision                         No provision
Liability Despite
Misuse of DNA
Samples and Records
Other Penalties or                         ***                                   ***
Notes
                                                    Alabama                                Alaska
References Regarding Authorized               Ala. Code § 36-18-20                 Alaska Stat. § 44.41.035
Uses of the DNA Database                      Ala. Code § 36-18-24
                                              Ala. Code § 36-18-31



Authorized Uses Other Than Law             ID of missing, deceased, or                        ***
Enforcement and Development                    unidentified persons
of Forensic Methods / Quality Control   ID of human remains from natural            ID of human remains
                                                or mass disasters
                                          Other humanitarian purposes                         ***

Population Statistical                       Yes (provided individually         Not expressly, but "statistical
Database Created?                           identifiable info is removed)       blind analysis" is authorized.
Genetic Research Allowed?               Population statistical database is        Statute neither expressly
(e.g., medical research or testing      expressly authorized for medical           authorizes nor prohibits
for certain physical traits)              research use, provided that all             genetic research.
                                        individual identifiable information
                                                     is removed.
Notes                                                     ***                 Statute prohibits the inclusion of a
                                                                                 crime victim's DNA into the
                                                                              database if he hasn't committed a
                                                                                      qualifying offense.
                                                Arizona                      Arkansas
References Regarding Authorized         Ariz. Rev. Stat. § 13-610   Ark. Code Ann. § 12-12-1111
Uses of the DNA Database                                            Ark. Code Ann. § 12-12-1112
                                                                    Ark. Code Ann. § 12-12-1105



Authorized Uses Other Than Law                     ***                    ID of missing and
Enforcement and Development                                              unidentified persons
of Forensic Methods / Quality Control              ***                Recovery or ID of human
                                                                       remains from disasters
                                                   ***                  Other humanitarian ID
                                                                              purposes
Population Statistical                        No provision           Yes (provided individually
Database Created?                                                   identifiable info is removed)
Genetic Research Allowed?               Statute neither expressly     Statute neither expressly
(e.g., medical research or testing      authorizes nor prohibits       authorizes nor prohibits
for certain physical traits)                genetic research.             genetic research.



Notes                                              ***                           ***
                                                   California              Colorado              Connecticut
References Regarding Authorized              Cal. Penal Code § 295        No provision   Conn. Gen. Stat. Ann. § 54-102i
Uses of the DNA Database                    Cal. Penal Code § 295.1                      Conn. Gen. Stat. Ann. § 54-102j
                                            Cal. Penal Code § 299.5
                                            Cal. Penal Code § 299.6

Authorized Uses Other Than Law           ID of missing and unidentified       ***                       ***
Enforcement and Development               persons, abducted children
of Forensic Methods / Quality Control   Recovery or ID of human remains       ***                       ***
                                           for humanitarian purposes
                                                       ***                    ***                       ***

Population Statistical                     Yes (provided individually     No provision      Yes (provided individually
Database Created?                         identifiable info is removed)                    identifiable info is removed)
Genetic Research Allowed?                   Statute neither expressly     No provision       Statute neither expressly
(e.g., medical research or testing          authorizes nor prohibits                         authorizes nor prohibits
for certain physical traits)                    genetic research.                                genetic research.



Notes                                                  ***                    ***                       ***
                                                    Delaware                            Florida
References Regarding Authorized              Del. Code Ann. 29 § 4713          Fla. Stat. Ann. § 943.325
Uses of the DNA Database




Authorized Uses Other Than Law             ID of missing and unidentified                 ***
Enforcement and Development                           persons
of Forensic Methods / Quality Control                    ***                              ***

                                                        ***                               ***

Population Statistical                   Not expressly, but the database           Statute is silent.
Database Created?                       may be used for statistical purposes
Genetic Research Allowed?                    Statute neither expressly         Statute neither expressly
(e.g., medical research or testing           authorizes nor prohibits          authorizes nor prohibits
for certain physical traits)                     genetic research.                 genetic research.



Notes                                                   ***                               ***
                                                Georgia                             Hawaii
References Regarding Authorized          Ga. Code Ann. § 24-4-63             Hawaii H.B. 1733 § 23
Uses of the DNA Database                                                     Hawaii H.B. 1733 § 84
                                                                             Hawaii H.B. 1733 § 91



Authorized Uses Other Than Law                       ***                 ID of missing and unidentified
Enforcement and Development                                                         persons
of Forensic Methods / Quality Control                ***                Recovery or ID of human remains
                                                                           for humanitarian purposes
                                                     ***                               ***

Population Statistical                   Yes (provided individually        Yes (provided individually
Database Created?                       identifiable info is removed)     identifiable info is removed)
Genetic Research Allowed?                 Statute neither expressly         Statute neither expressly
(e.g., medical research or testing        authorizes nor prohibits          authorizes nor prohibits
for certain physical traits)                  genetic research.                 genetic research.



Notes                                                ***                               ***
                                                 Idaho                                   Illinois
References Regarding Authorized           Idaho Code § 19-5505              730 Ill. Comp. Stat. Ann. § 5/5-4-3
Uses of the DNA Database                  Idaho Code § 19-5514
                                          Idaho Code § 19-5515



Authorized Uses Other Than Law          ID and location of missing                          ***
Enforcement and Development                      persons
of Forensic Methods / Quality Control              ***                                      ***

                                                     ***                                    ***

Population Statistical                   Yes (provided individually                        Yes
Database Created?                       identifiable info is removed)
Genetic Research Allowed?                 Statute neither expressly             Statute neither expressly
(e.g., medical research or testing        authorizes nor prohibits              authorizes nor prohibits
for certain physical traits)                  genetic research.                     genetic research.



Notes                                                ***                See 725 Ill. Comp. Stat. Ann § 5/116-5 for
                                                                          details on motions for DNA database
                                                                                        searches
                                                    Indiana                        Iowa
References Regarding Authorized           Ind. Code Ann. § 10-13-6-8       Iowa Code Ann. § 81.3
Uses of the DNA Database                  Ind. Code Ann. § 10-13-6-9       Iowa Code Ann. § 81.8
                                         Ind. Code Ann. § 10-13-6-13
                                         Ind. Code Ann. § 10-13-6-15
                                         Ind. Code Ann. § 10-13-6-16
Authorized Uses Other Than Law               ID of missing persons          ID of missing persons
Enforcement and Development
of Forensic Methods / Quality Control    Recovery or ID of human                      ***
                                                 remains
                                        Other humanitarian purposes                   ***

Population Statistical                    Yes (provided individually      Yes (provided individually
Database Created?                        identifiable info is removed)   identifiable info is removed)
Genetic Research Allowed?                   Statute prohibits use of              No provision
(e.g., medical research or testing      database to obtain information
for certain physical traits)               on human physical traits
                                         or predisposition for disease

Notes                                   The DNA database is explicitly                ***
                                            authorized for use for
                                         purposes of post-conviction
                                          DNA testing and analysis
                                                     Kansas                              Kentucky
References Regarding Authorized             Kan. Stat. Ann. § 21-2511           Ky. Rev. Stat. Ann. § 17.175
Uses of the DNA Database




Authorized Uses Other Than Law                         ***                     ID and location of missing and
Enforcement and Development                                                         unidentified persons
of Forensic Methods / Quality Control                  ***                                   ***

                                                       ***                                   ***

Population Statistical                                 ***                    Not expressly, but the database
Database Created?                                                            may be used for statistical purposes
Genetic Research Allowed?                              ***                        Statute neither expressly
(e.g., medical research or testing                                                authorizes nor prohibits
for certain physical traits)                                                          genetic research.



Notes                                   These issues are addressed in the                    ***
                                         regulations, not the statute. See
                                           Kan. Admin. Regs. 10-21-2.
                                                 Louisiana                         Maine
References Regarding Authorized         La. Rev. Stat. Ann. § 15:602    Me. Rev. Stat. Ann. 25 § 1577
Uses of the DNA Database                La. Rev. Stat. Ann. § 15:605
                                        La. Rev. Stat. Ann. § 15:611
                                        La. Rev. Stat. Ann. § 15:612

Authorized Uses Other Than Law             ID of missing persons                      ***
Enforcement and Development
of Forensic Methods / Quality Control     Recovery or ID of human               ID of remains
                                           remains from disasters
                                            Other humanitarian ID                     ***
                                                  purposes
Population Statistical                   Yes (provided individually       Yes (provided individually
Database Created?                       identifiable info is removed)    identifiable info is removed)
Genetic Research Allowed?                 Statute neither expressly        Statute neither expressly
(e.g., medical research or testing         authorizes nor prohibits        authorizes nor prohibits
for certain physical traits)                  genetic research.                genetic research.



Notes                                                ***                              ***
                                                  Maryland                        Massachusetts
References Regarding Authorized         Md. Code Ann., Pub. Saf. § 2-505   Mass. Gen. Laws Ann. 22E § 10
Uses of the DNA Database                Md. Code Ann., Pub. Saf. § 2-509




Authorized Uses Other Than Law               ID of missing persons            ID and recovery of missing
Enforcement and Development                                                            persons
of Forensic Methods / Quality Control         ID of human remains          ID of human remains from mass
                                                                                       disasters
                                                        ***                  Other humanitarian purposes

Population Statistical                      Yes (provided individually        Yes (provided individually
Database Created?                          identifiable info is removed)     identifiable info is removed)
Genetic Research Allowed?                    Statute neither expressly         Statute neither expressly
(e.g., medical research or testing           authorizes nor prohibits          authorizes nor prohibits
for certain physical traits)                     genetic research.                 genetic research.



Notes                                                   ***                               ***
                                                  Michigan                        Minnesota             Mississippi
References Regarding Authorized         Mich. Comp. Laws Ann. § 28.176    Minn. Stat. Ann. § 299C.155   No provision
Uses of the DNA Database




Authorized Uses Other Than Law                         ***                            ***                   ***
Enforcement and Development
of Forensic Methods / Quality Control                  ***                            ***                   ***

                                                       ***                            ***                   ***

Population Statistical                     Yes (provided individually            No provision           No provision
Database Created?                         identifiable info is removed)
Genetic Research Allowed?                    The statute is unclear; it    Statute neither expressly    No provision
(e.g., medical research or testing             authorizes use for an       authorizes nor prohibits
for certain physical traits)                "academic" or "research"           genetic research.
                                               purpose if identifying
                                             information is removed.
Notes                                                   ***                           ***                   ***
                                                 Missouri                                Montana
References Regarding Authorized           Mo. Ann. Stat. § 650.050               Mont. Code Ann. § 44-6-102
Uses of the DNA Database                  Mo. Ann. Stat. § 650.052               Mont. Code Ann. § 44-6-103
                                          Mo. Ann. Stat. § 650.055               Mont. Code Ann. § 44-6-106



Authorized Uses Other Than Law           ID of missing or unidentified              ID of missing persons
Enforcement and Development                        persons
of Forensic Methods / Quality Control     Recovery or ID of human                    ID of human remains
                                        remains from mass disasters
                                        Other humanitarian purposes                           ***

Population Statistical                   Yes (provided individually               Yes (provided individually
Database Created?                       identifiable info is removed)            identifiable info is removed)
Genetic Research Allowed?                 Statute neither expressly                Statute neither expressly
(e.g., medical research or testing        authorizes nor prohibits                 authorizes nor prohibits
for certain physical traits)                  genetic research.                        genetic research.



Notes                                                ***                 The lab can only assess genetic markers that
                                                                           have value for law enforcement purposes,
                                                                          which does not prohibit use of a marker with
                                                                                      dual medical value.
                                               Nebraska                          Nevada
References Regarding Authorized         Neb. Rev. Stat. § 29-4104       Nev. Rev. Stat. § 179A.075
Uses of the DNA Database                Neb. Rev. Stat. § 29-4105       Nev. Rev. Stat. § 414.290
                                        Neb. Rev. Stat. § 29-4108



Authorized Uses Other Than Law                       ***                            ***
Enforcement and Development
of Forensic Methods / Quality Control                ***                 ID purposes when there
                                                                               is a disaster
                                                     ***                            ***

Population Statistical                   Yes (provided individually            No provision
Database Created?                       identifiable info is removed)
Genetic Research Allowed?                 Statute neither expressly      Statute neither expressly
(e.g., medical research or testing        authorizes nor prohibits       authorizes nor prohibits
for certain physical traits)                  genetic research.              genetic research.



Notes                                                ***                            ***
                                                          New Hampshire                                     New Jersey
References Regarding Authorized                     N.H. Rev. Stat. Ann. § 651-C:3                  N.J. Stat. Ann. § 53:1-20.21
Uses of the DNA Database                            N.H. Rev. Stat. Ann. § 651-C:4                  N.J. Stat. Ann. § 53:1-20.24
                                                                                                    N.J. Stat. Ann. § 53:1-20.37



Authorized Uses Other Than Law             [Unclear re: missing and unidentified persons -                       ***
Enforcement and Development                               see notes below]
of Forensic Methods / Quality Control      [Unclear re: human remains - see notes below]             Recovery or ID of human
                                                                                                   remains from mass disasters
                                                                  ***                              Other humanitarian purposes

Population Statistical                                Yes (provided individually                     Yes (provided individually
Database Created?                                    identifiable info is removed)                  identifiable info is removed)
Genetic Research Allowed?                              Statute neither expressly                      Statute neither expressly
(e.g., medical research or testing                     authorizes nor prohibits                       authorizes nor prohibits
for certain physical traits)                               genetic research.                              genetic research.



Notes                                      The database can be used "as necessary to the           The database can be used as
                                        functions of an office of chief medical examiner," likely required under federal law as a
                                          authorizing use for purposes of identifying missing     precondition for federal funding.
                                                     persons and human remains
                                               New Mexico                           New York
References Regarding Authorized          N.M. Stat. Ann. § 29-16-2            N.Y. Exec. Law § 995
Uses of the DNA Database                 N.M. Stat. Ann. § 29-16-8            N.Y. Exec. Law § 995-c
                                        N.M. Stat. Ann. § 29-16-8.1           N.Y. Exec. Law § 995-d



Authorized Uses Other Than Law          ID and location of missing             ID of missing persons
Enforcement and Development               or unidentified persons
of Forensic Methods / Quality Control    ID and location of human        Recovery or ID of human remains
                                                  remains
                                                    ***                                 ***

Population Statistical                   Yes (provided individually          Yes (provided individually
Database Created?                       identifiable info is removed)       identifiable info is removed)
Genetic Research Allowed?                 Statute neither expressly     Statute neither expressly authorizes
(e.g., medical research or testing        authorizes nor prohibits        nor prohibits genetic research;
for certain physical traits)                  genetic research.         the statute does prohibit disclosure
                                                                        of DNA profiles to health providers
                                                                            and others without consent.
Notes                                                ***                                  ***
                                                  North Carolina                         North Dakota
References Regarding Authorized             N.C. Gen. Stat. § 15A-266.1            N.D. Cent. Code § 31-13-05
Uses of the DNA Database                    N.C. Gen. Stat. § 15A-266.5
                                            N.C. Gen. Stat. § 15A-266.8
                                            N.C. Gen. Stat. § 15A-266.12

Authorized Uses Other Than Law                 ID of missing persons                           ***
Enforcement and Development
of Forensic Methods / Quality Control   Recovery or ID of human remains from                   ***
                                                  mass disasters.
                                            Other humanitarian purposes                        ***

Population Statistical                        Yes (provided individually        Not expressly, but the database
Database Created?                            identifiable info is removed)     may be used for statistical purposes
Genetic Research Allowed?                      Statute neither expressly            Statute neither expressly
(e.g., medical research or testing             authorizes nor prohibits             authorizes nor prohibits
for certain physical traits)                       genetic research.                    genetic research.



Notes                                                     ***                                  ***
                                                     Ohio                             Oklahoma
References Regarding Authorized          Ohio Rev. Code Ann. § 109.573        Okla. Stat. Ann. § 150.27
Uses of the DNA Database                 Ohio Rev. Code Ann. § 3111.09        Okla. Stat. Ann. § 150.27a
                                         Ohio Rev. Code Ann. § 3111.12



Authorized Uses Other Than Law            ID of missing and unidentified        ID of missing persons
Enforcement and Development                persons, living or deceased
of Forensic Methods / Quality Control         ID of human remains               ID of human remains

                                                        ***                              ***

Population Statistical                                 Yes                    Yes (provided the privacy
Database Created?                                                             of the donor is protected)
Genetic Research Allowed?                   Statute neither expressly         Statute neither expressly
(e.g., medical research or testing          authorizes nor prohibits           authorizes nor prohibits
for certain physical traits)                    genetic research.                  genetic research.



Notes                                    If a DNA profile exists, it can be              ***
                                        used for purposes of establishing
                                        parentage in a judicial proceeding.
                                                 Oregon                          Pennsylvania
References Regarding Authorized          Or. Rev. Stat. § 181.085           Pa. Stat. Ann. 44 § 2312
Uses of the DNA Database                                                    Pa. Stat. Ann. 44 § 2318
                                                                            Pa. Stat. Ann. 44 § 2319



Authorized Uses Other Than Law                       ***                     ID of missing persons
Enforcement and Development
of Forensic Methods / Quality Control                ***                Recovery or ID of human remains
                                                                                 from disasters
                                                     ***                 Other humanitarian ID purposes

Population Statistical                   Yes (provided individually        Yes (provided individually
Database Created?                       identifiable info is removed)     identifiable info is removed)
Genetic Research Allowed?                 Statute neither expressly         Statute neither expressly
(e.g., medical research or testing        authorizes nor prohibits          authorizes nor prohibits
for certain physical traits)                  genetic research.                 genetic research.



Notes                                                ***                               ***
                                                  Rhode Island                        South Carolina
References Regarding Authorized             R.I. Gen. Laws § 12-1.5-2            S.C. Code Ann. § 23-3-610
Uses of the DNA Database                    R.I. Gen. Laws § 12-1.5-4            S.C. Code Ann. § 23-3-640
                                            R.I. Gen. Laws § 12-1.5-10
                                            R.I. Gen. Laws § 12-1.5-11

Authorized Uses Other Than Law                 ID of missing persons                ID of missing persons
Enforcement and Development
of Forensic Methods / Quality Control   Recovery or ID of human remains            Recovery or ID of human
                                                 from disasters                  remains from mass disasters
                                         Other humanitarian ID purposes          Other humanitarian purposes

Population Statistical                       Yes (provided individually           Yes (provided individually
Database Created?                           identifiable info is removed)        identifiable info is removed)
Genetic Research Allowed?                    Statute prohibits the use of          Statute neither expressly
(e.g., medical research or testing         samples and records to obtain           authorizes nor prohibits
for certain physical traits)                   information on physical                 genetic research.
                                              characteristics, traits, or
                                             predisposition for disease.
Notes                                   The DNA record may never include                      ***
                                        the results of tests of any structural
                                                        genes
                                               South Dakota                     Tennessee
References Regarding Authorized         S.D. Codified Laws § 23-5A-2     Tenn. Code Ann. § 38-6-113
Uses of the DNA Database                S.D. Codified Laws § 23-5A-17
                                        S.D. Codified Laws § 23-5A-18



Authorized Uses Other Than Law            Recovery or ID of missing                  ***
Enforcement and Development                       persons
of Forensic Methods / Quality Control     Recovery or ID of human                    ***
                                                 remains
                                                    ***                              ***

Population Statistical                    Yes (provided individually            No provision
Database Created?                        identifiable info is removed)
Genetic Research Allowed?                    Statute prohibits the        Statute neither expressly
(e.g., medical research or testing           use of DNA analysis          authorizes nor prohibits
for certain physical traits)                for the identification of         genetic research.
                                              medical or genetic
                                                   disorders.
Notes                                                  ***                           ***
                                                           Texas                                      Utah
References Regarding Authorized                Tex. Gov't Code Ann. § 411.142               Utah Code Ann. § 53-10-406
Uses of the DNA Database                       Tex. Gov't Code Ann. § 411.143
                                               Tex. Gov't Code Ann. § 411.147



Authorized Uses Other Than Law                 ID of living or deceased missing                          ***
Enforcement and Development                                  persons
of Forensic Methods / Quality Control         Recovery or ID of human remains                            ***
                                                         from a disaster
                                                   Humanitarian purposes                                 ***

Population Statistical                              Yes (provided individually                Yes (provided individually
Database Created?                                  identifiable info is removed)             identifiable info is removed)
Genetic Research Allowed?                     Statute prohibits use of the database           Statute prohibits use of the
(e.g., medical research or testing           to obtain information on physical traits      database to provide information
for certain physical traits)                  or predisposition for disease, unless         allowing prediction of genetic
                                              the purpose of doing so is related to          disease or predisposition to
                                            an authorized law enforcement purpose                        illness
Notes                                     The DNA database can contain records of                           ***
                                          persons at risk of becoming lost, such as a
                                        child or a person who is mentally incapacitated




                                                                                            Statute also allows analysis of
                                                                                           antigen antibodies, polymorphic
                                                                                          enzymes, or polymorphic proteins
                                                 Vermont                         Virginia
References Regarding Authorized          Vt. Stat. Ann. 20 § 1931       Va. Code Ann. § 19.2-310.5
Uses of the DNA Database                 Vt. Stat. Ann. 20 § 1937
                                         Vt. Stat. Ann. 20 § 1938
                                         Vt. Stat. Ann. 20 § 1939
                                         Vt. Stat. Ann. 20 § 1941
Authorized Uses Other Than Law            ID of missing persons                      ***
Enforcement and Development
of Forensic Methods / Quality Control      ID of human remains                       ***

                                                     ***                             ***

Population Statistical                   Yes (provided individually      Yes (provided individually
Database Created?                       identifiable info is removed)   identifiable info is removed)
Genetic Research Allowed?                 Statute prohibits the use       Statute neither expressly
(e.g., medical research or testing        of DNA analysis for the         authorizes nor prohibits
for certain physical traits)                identification of any             genetic research.
                                             medical or genetic
                                                   disorder.
Notes                                                 ***                            ***
                                                 Washington                       West Virginia
References Regarding Authorized         Wash. Rev. Code Ann. § 43.43.753   W. Va. Code Ann. § 15-2B-2
Uses of the DNA Database                Wash. Rev. Code Ann. § 43.43.754   W. Va. Code Ann. § 15-2B-10
                                        Wash. Rev. Code Ann. § 43.43.759



Authorized Uses Other Than Law                  ID of missing and                        ***
Enforcement and Development                    unindentied persons
of Forensic Methods / Quality Control        ID of unidentified human                    ***
                                                      remains
                                                        ***                              ***

Population Statistical                            No provision               Yes (provided individually
Database Created?                                                           identifiable info is removed)
Genetic Research Allowed?                  Statute prohibits use of the       Statute neither expressly
(e.g., medical research or testing         database for identification        authorizes nor prohibits
for certain physical traits)                of any genetic disease or             genetic research.
                                            predisposition to illness.

Notes                                                  ***                               ***
                                              Wisconsin                      Wyoming
References Regarding Authorized         Wis. Stat. Ann. § 165.77      Wyo. Stat. Ann. § 7-19-402
Uses of the DNA Database                                              Wyo. Stat. Ann. § 7-19-404




Authorized Uses Other Than Law                     ***                ID of living missing persons
Enforcement and Development
of Forensic Methods / Quality Control              ***              Recovery or ID of human remains
                                                                          from mass disasters
                                                   ***                Other humanitarian purposes

Population Statistical                        No provision             Yes (provided individually
Database Created?                                                     identifiable info is removed)
Genetic Research Allowed?               Statute neither expressly   Statute prohibits the use of DNA
(e.g., medical research or testing      authorizes nor prohibits     information for the purpose of
for certain physical traits)                genetic research.       obtaining information on physical
                                                                       traits or characteristics, or
                                                                     the predisposition for disease.
Notes                                              ***                              ***
                                                   Alabama                                Alaska
Expungement                                  Ala. Code § 36-18-26               Alaska Stat. § 44.41.035
What Are the Grounds                            Conviction rev'd              Conviction rev'd, and person
for Expungement?                                                           not retried or retried and acquitted
What is Expunged?                                   Records                      Material in the system
                                                                                  relating to the person
What is the Process                         Director authorized and        Expungment occurs upon receipt
for Expungement?                            empowered to expunge             of a court order (that ensures
                                             records upon request         the expung. criteria have been met)
                                                of an individual.
Notes                                                  ***                                 ***




Sample Retention / Destruction                   No provision                        No provision
Provisions Concerning the                 [§ 36-18-22 authorizes and      [§ 44.41.035: Samples are part of
Retention or Destruction of                empowers the director to        the DNA ID registration system;
DNA Samples                                  store DNA samples;              however, there is no explicit
                                          however, there is no explicit   provision on storage or destruction
                                          provision on the storage or               of the samples]
                                          destruction of the samples]

Voluntary Donors / Suspects / Arrestees           No provision                Alaska Stat. § 44.41.035
Provisions Regarding the                              ***                  The statute authorizes collection
Retention and Expungement of                                                of a sample from a voluntary
DNA Samples and Records                                                      donor for inclusion into the
from Voluntary Donors, Suspects                                               DNA registration system
and Arrestees
                                                          Arizona                                  Arkansas
Expungement                                       Ariz. Rev. Stat. § 13-610              Ark. Code Ann. § 12-12-1113
What Are the Grounds                      Conviction overturned and final mandate             Adjudication of guilt
for Expungement?                           issued; or conviction of misdemeanor            rev'd and case dismissed
What is Expunged?                                         Records                            Records and sample

What is the Process                          Petition court for an expungement      Petition court; notify county prosecutor;
for Expungement?                                             order                  hearing; expungement order granted;
                                                                                     Expung. order plus order reversing
                                                                                        conviction sent to the crime lab.
Notes                                                       ***                      Expungment is not required if one of
                                                                                      the grounds for inclusion was not
                                                                                       based on an adjudication of guilt

Sample Retention / Destruction                   Ariz. Rev. Stat. § 13-610              Ark. Code Ann. § 12-12-1106
Provisions Concerning the                     The Dept. of Public Safety shall         The State DNA Data Bank is the
Retention or Destruction of                   maintain samples of blood and              repository for DNA samples
DNA Samples                                    other bodily substances for at
                                                       least 35 years




Voluntary Donors / Suspects / Arrestees                No provision                              No provision
Provisions Regarding the                                   ***                                       ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                                    California                                   Colorado
Expungement                                                   Cal. Penal Code § 299                             No provision
What Are the Grounds                        Conviction or disposition rev'd and case dismissed; or                  ***
for Expungement?                              defendant factually innocent, not guilty or acquitted
What is Expunged?                                        Criminal ID records, identifiable                          ***
                                                             information, and sample
What is the Process                                The court that reverses the case sends an                        ***
for Expungement?                             expungement order to the DOJ Lab director; or, upon
                                               written request (to the court, lab, or DA), the court
                                            holds a hearing and makes a non-appealable decision
Notes                                       Any identification, warrant, probable cause to arrest, or               ***
                                            arrest based on a data bank or database match is not
                                              invalidated due to a failure to expunge or a delay in
                                                                expunging records.
Sample Retention / Destruction                       Cal. Penal Code §§ 295.1, 296.1, 299.7                     No provision
Provisions Concerning the                   The DNA Lab of the Department of Justice (DOJ) shall                    ***
Retention or Destruction of                    be the repository of blood and biological samples
DNA Samples                                    Once a federal data bank is set up, the California
                                               DOJ will forward (upon request) its samples to the
                                                                   federal DOJ
                                                 Unused or expired samples can be disposed

Voluntary Donors / Suspects / Arrestees                        Cal. Penal Code § 297                            No provision
Provisions Regarding the                       A sample taken in course of investigation, voluntarily               ***
Retention and Expungement of                    or by court order, from a person who has not been
DNA Samples and Records                      convicted, may only be compared to samples from that
from Voluntary Donors, Suspects            specific criminal investigation, and may not be compared
and Arrestees                                              to others without a court order.
                                              A suspect's DNA may be profiled, placed in a suspect
                                             data base file and searched against the profiles of case
                                               evidence. A "suspect" is a person against whom an
                                             information or indictment has been filed for a qualifying
                                          offense; he remains a "suspect" [DNA is retained] for 2 yrs.
                                          after the filing date, or until the lab is notified that the he has
                                            been acquitted or that the charges have been dismissed
                                                        Connecticut                      Delaware
Expungement                                 Conn. Gen. Stat. Ann. § 54-102l     Del. Code Ann. 29 § 4713
What Are the Grounds                                Conviction rev'd and           Conviction rev'd or
for Expungement?                                      case dismissed                 case dismissed
What is Expunged?                                   Records, identifiable        Identifiable information
                                                 information and samples               and samples
What is the Process                          Expungement upon receipt of         Petition the court for an
for Expungement?                             a written request plus a copy         expungement order
                                               of the court order reversing
                                             and dismissing the conviction
Notes                                     [Pub. Act 03-242, not yet codified,              ***
                                             provides for expungement and
                                           destruction of samples when they
                                             were inappropriately obtained]
Sample Retention / Destruction              Conn. Gen. Stat. Ann. § 54-102i           No provision
Provisions Concerning the                      Unused samples are to be                   ***
Retention or Destruction of                   stored; use of these samples
DNA Samples                                     is limited to retesting or to
                                                  the statistical data base
                                          [Pub. Act 03-242, not yet codified,
                                          provides for destruction of samples
                                            when inappropriately obtained]
Voluntary Donors / Suspects / Arrestees                 No provision                  No provision
Provisions Regarding the                                      ***                         ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                    Florida                           Georgia
Expungement                                       No provision               Ga. Code Ann. § 24-4-65
What Are the Grounds                                  ***                       Conviction rev'd and
for Expungement?                                                                   case dismissed
What is Expunged?                                      ***                      Records, identifiable
                                                                             information and samples
What is the Process                                    ***                 Expungement upon receipt of
for Expungement?                                                           a written request plus a copy
                                                                            of the court order reversing
                                                                           and dismissing the conviction
Notes                                                  ***                               ***




Sample Retention / Destruction                    No provision                Ga. Code Ann. § 24-4-62
Provisions Concerning the                             ***                   The unused portions of DNA
Retention or Destruction of                                                    samples remaining after
DNA Samples                                                                  analysis are to be securely
                                                                              stored and used only for
                                                                              retesting or the statistical
                                                                           database (provided there's no
                                                                                identifying information)
Voluntary Donors / Suspects / Arrestees      Fla. Stat. Ann. § 943.325               No provision
Provisions Regarding the                  The Dept. of Law Enforcement                     ***
Retention and Expungement of               may receive and utilize other
DNA Samples and Records                    DNA samples; any analysis
from Voluntary Donors, Suspects           shall be entered into the DNA
and Arrestees                               database, and shall not be
                                           included in the state central
                                            criminal justice information
                                                     repository
                                                                Hawaii
Expungement                                        Hawaii H.B. 1733 §§ 71, 72, 53
What Are the Grounds                       Underlying conviction rev'd and case dismissed
for Expungement?                                 (and no retrial or appeal is pending)
What is Expunged?                         Searchable DNA profile and samples or specimens

What is the Process                          Send a written request to the trial court, to the
for Expungement?                              police dept., and to the prosecuting attorney.
                                          Court orders expungement absent other qualifying
                                               offenses or legal basis for keeping the DNA
Notes                                      The deterntion, arrest, wardship, adjudication, or
                                             conviction of a person based upon a data bank
                                             match or database info shall not be invalidated
                                                    if the DNA was retained by mistake
Sample Retention / Destruction                             Hawaii H.B. 1733 § 93
Provisions Concerning the                 The police dept. is authorized to dispose of unused
Retention or Destruction of                or expired samples (or portions thereof), provided
DNA Samples                                  the disposal method is designed to protect the
                                            identity and origin of samples from disclosure to
                                           third parties who are not part of law enforcement.



Voluntary Donors / Suspects / Arrestees                   Hawaii H.B. 1733 § 53
Provisions Regarding the                         A DNA sample from a suspect can be
Retention and Expungement of                    profiled, compared by the department in
DNA Samples and Records                          as many cases and investigations as
from Voluntary Donors, Suspects                  necessary, and searched against DNA
and Arrestees                                   samples in the database. The suspect
                                               sample is entered into the database files.
                                               If the person is no longer a suspect after
                                                 2 years, the sample will be expunged.
                                                  However, any ID, warrant, arrest, or
                                                  prosecution resulting from a delay or
                                                 failure to purge the DNA records shall
                                                     not be invalidated or dismissed.
                                                                    Idaho
Expungement                                                Idaho Code § 19-5513
What Are the Grounds                                         Conviction rev'd and
for Expungement?                                               case dismissed
What is Expunged?                                   Identifiable information and sample

What is the Process                             Written request to trial court; notify prosecuting
for Expungement?                                    attorney and forensics bureau; court has
                                                 discretion in issuing expungement; there's no
                                          right of appeal; court sends expungement order to police
Notes                                       Notwithstanding this section, no sample, evidence, or
                                            info is affected by an order to set aside the conviction
                                            The state police is not required to destroy evidence if
                                               doing so would also destroy another's evidence.
Sample Retention / Destruction                          Idaho Code §§ 19-5505, 19-5516
Provisions Concerning the                   The DNA Databank and Database are repositories for
Retention or Destruction of                         DNA samples and profiles, respectively
DNA Samples                                 Unused portions or expired samples can be disposed
                                               provided they are done in a manner that protects
                                            the identity and origin of the samples from disclosure
                                                      to non-law enforcement third parties

Voluntary Donors / Suspects / Arrestees                         No provision
Provisions Regarding the                                            ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                             Illinois
Expungement                                    730 Ill. Comp. Stat. Ann. § 5/5-4-3
What Are the Grounds                      Conviction rev'd based on actual innocence
for Expungement?                            or a pardon based on actual innocence
What is Expunged?                                   Record, related samples,
                                                   analyses, and documents
What is the Process                       Upon notification of reversal or pardon, the
for Expungement?                          Dept. of State Police expunge DNA records
                                          and samples, and send a letter to the court
                                           verifying that expungement has occurred
Notes                                                            ***




Sample Retention / Destruction                           No provision
Provisions Concerning the                                    ***
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees                  No provision
Provisions Regarding the                                     ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                              Indiana
Expungement                                      Ind. Code Ann. § 10-13-6-18
What Are the Grounds                                  Conviction rev'd and
for Expungement?                                        case dismissed
What is Expunged?                                    Identifiable information
                                                          and samples
What is the Process                         Expungement upon receipt of a written
for Expungement?                          request, the certified court order reversing
                                            and dismissing the conviction, and any
                                           other info needed to validate the request
Notes                                                           ***




Sample Retention / Destruction                           No provision
Provisions Concerning the                                    ***
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees                  No provision
Provisions Regarding the                                     ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                               Iowa
Expungement                                      Iowa Code Ann. §§ 81.9, 81.1
What Are the Grounds                      Conviction, adjudication, or civil commitment
for Expungement?                              rev'd on appeal and case dismissed
What is Expunged?                            DNA "record" - i.e., the sample, profile
                                                  and other identifiable records
What is the Process                          Expungement upon receipt of a written
for Expungement?                           request, the certified court order reversing
                                             and dismissing the conviction, and any
                                            other info needed to validate the request
Notes                                                           ***




Sample Retention / Destruction                  Iowa Code Ann. §§ 81.1, 81.3
Provisions Concerning the                    DNA samples are retained in the DNA
Retention or Destruction of                             data bank.
DNA Samples




Voluntary Donors / Suspects / Arrestees              Iowa Code Ann. § 81.9
Provisions Regarding the                     Upon receipt of a written request by a
Retention and Expungement of                person who voluntarily submitted a DNA
DNA Samples and Records                       sample for purposes of helping law
from Voluntary Donors, Suspects             enforcement find a missing relative, the
and Arrestees                                division of criminal investigation shall
                                          expunge all DNA "records" and identifiable
                                          information in the database and data bank.
                                                        Kansas                                Kentucky
Expungement                                           No provision                  Ky. Rev. Stat. Ann. § 17.175
What Are the Grounds                                      ***                            Conviction rev'd and
for Expungement?                                                                           case dismissed
What is Expunged?                                          ***                         Identifiable information
                                                                                             and samples
What is the Process                                        ***                     Expungement upon receipt of
for Expungement?                                                                  a written request plus a certified
                                                                                  copy of the court order reversing
                                                                                   and dismissing the conviction
Notes                                     [Kan. Stat. Ann. § 21-2511 authorizes                   ***
                                          the Kansas Bureau of Investigation to
                                             promulgate rules and regulations
                                                 regarding expungement]
Sample Retention / Destruction                  Kan. Stat. Ann. § 21-2511                   No provision
Provisions Concerning the                  DNA samples are to be maintained                     ***
Retention or Destruction of                 by Kansas Bureau of Investigation
DNA Samples                                 (KBI is the repository for samples)




Voluntary Donors / Suspects / Arrestees               No provision                          No provision
Provisions Regarding the                                  ***                                   ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                        Louisiana                                 Maine
Expungement                                   La. Rev. Stat. Ann. § 15:614          Me. Rev. Stat. Ann. 25 § 1577
What Are the Grounds                      Conviction rev'd and case dismissed;          Conviction or adjudication
for Expungement?                            arrest doesn't lead to conviction              rev'd or dismissed
What is Expunged?                                  Records, identifiable                 Records and identifiable
                                                information and samples                        information
What is the Process                          Expungement upon receipt of         Petition court for expungement order;
for Expungement?                            a written request plus a certified   Expungement order plus court order
                                          court order of expungement properly      reversing conviction sent to the
                                             obtained pursuant to RS 44:9                         police.
Notes                                                       ***                                     ***




Sample Retention / Destruction                La. Rev. Stat. Ann. § 15:606          Me. Rev. Stat. Ann. 25 § 1572
Provisions Concerning the                   The State DNA Data Bank is the         The State DNA Data Bank is the
Retention or Destruction of                   repository for DNA samples             repository for DNA samples
DNA Samples




Voluntary Donors / Suspects / Arrestees      La. Rev. Stat. Ann. § 15:614                    No provision
Provisions Regarding the                        An arrestee can request                          ***
Retention and Expungement of                 expungement when his arrest
DNA Samples and Records                     does not lead to a conviction or
from Voluntary Donors, Suspects             a plea agreement resulting in a
and Arrestees                                          conviction
                                                                    Maryland
Expungement                                 Md. Code Ann., Pub. Saf. § 2-511, Crim. Proc. § 10-105
What Are the Grounds                                [See Crim. Proc. § 10-105; grounds for
for Expungement?                                    expung. include acquittal, pardon, etc.]
What is Expunged?                                              Records, identifiable
                                                            information and samples
What is the Process                                   [See Crim. Proc. § 10-105; petition
for Expungement?                                     court, the court holds a hearing if the
                                                    State Attorney objects to expungement;
                                                       otherwise, court issues an order]
Notes                                                  The DNA Database expungement
                                                     statute (§ 2-511) refers to the general
                                                     provision (§ 10-105) for expungement
                                                                of police records.
Sample Retention / Destruction            Md. Code Ann., Pub. Saf. § 2-506, Md. Regs. Code § 29.05.14
Provisions Concerning the                                DNA samples are stored in the
Retention or Destruction of                                 statewide DNA repository
DNA Samples                                         Records are to be expunged 100 years
                                                          from the date of submission




Voluntary Donors / Suspects / Arrestees                          No provision
Provisions Regarding the                                             ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                         Massachusetts
Expungement                                      Mass. Gen. Laws Ann. 22E § 15
What Are the Grounds                            Conviction or judicial determination
for Expungement?                                    rev'd and case dismissed
What is Expunged?                                             Record

What is the Process                         At least one year after reversal or dismissal,
for Expungement?                                 or after the DA has authorized that he
                                              contemplates no further prosecution, the
                                          individual may petition the court for expungment.
Notes                                                              ***




Sample Retention / Destruction                             No provision
Provisions Concerning the                   [22E § 6 authorizes the crime lab director to
Retention or Destruction of                 promulgate rules regarding the storage and
DNA Samples                                            disposal of samples]




Voluntary Donors / Suspects / Arrestees                     No provision
Provisions Regarding the                                        ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                            Michigan
Expungement                                       Mich. Comp. Laws Ann. § 28.176
What Are the Grounds                                      Conviction rev'd
for Expungement?
What is Expunged?                             Sample and record (disposed in presence
                                                 of witness; record kept of disposal)
What is the Process                         Petition the sentencing court; prove by clear
for Expungement?                             and convincing evidence that the conviction
                                            was reversed based upon the great weight of
                                           the evidence; court issues expungement order
Notes                                          The petitioner must show that there was
                                             overwhelming evidence against the original
                                              verdict, which resulted in a miscarriage of
                                                                justice.
Sample Retention / Destruction                               No provision
Provisions Concerning the                                         ***
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees             Mich. Comp. Laws Ann. § 28.176
Provisions Regarding the                      Any other DNA profile obtained by the dept.
Retention and Expungement of                    of state police shall not be permanently
DNA Samples and Records                      retained but shall be retained only as long as
from Voluntary Donors, Suspects                   needed for a criminal prosecution or
and Arrestees                               investigation. If a suspect has donated a DNA
                                           sample, and afterwards he has been eliminated
                                               as a suspect in a crime, then the lab must
                                          dispose of the sample and the DNA identification
                                             profile in the presence of a witness, and keep
                                              a written record of the disposal, signed by
                                                               the witness.
                                                          Minnesota                 Mississippi
Expungement                                              No provision               No provision
What Are the Grounds                            [Minn. Stat. Ann. § 299C.105            ***
for Expungement?                           contains some provisions regarding
What is Expunged?                             expungment, but they appear to            ***
                                           apply only to suspects or arrestees
What is the Process                           who are later found not guilty or         ***
for Expungement?                            cleared of wrongdoing (see below)
                                                The procedures in § 609A.03
                                           may apply for expungment of DNA
Notes                                         from convicted offenders whose            ***
                                            convictions are later reversed, but
                                             this is not clear from the statute.]

Sample Retention / Destruction                         No provision                 No provision
Provisions Concerning the                        [§ 299C.155 authorizes                 ***
Retention or Destruction of                       the Criminal Bureau to
DNA Samples                                      adopt rules to maintain
                                                    and preserve DNA
                                                         samples]



Voluntary Donors / Suspects / Arrestees        Minn. Stat. Ann. § 299C.105          No provision
Provisions Regarding the                  DNA is collected from individuals once        ***
Retention and Expungement of                they've appeared in court and have
DNA Samples and Records                    had a probable cause determination.
from Voluntary Donors, Suspects            The DNA and records are expunged
and Arrestees                              when the person is found not guilty
                                              of a qualifying offense or if the
                                               charges are later dismissed.
                                                                    Missouri
Expungement                                                Mo. Ann. Stat. § 650.055
What Are the Grounds                                  Conviction rev'd or dismissed; or
for Expungement?                                  plea of guilt or nolo contendere set aside
What is Expunged?                                             Records, identifiable
                                                           information and samples
What is the Process                       Petition court issuing the order reversing the conviction;
for Expungement?                          Send written request, certified copy of court order, and
                                            any other info needed to validate the request to the
                                                 MO State Highway Patrol crime laboratory
Notes                                        The laboratory is not required to destroy physical
                                           evidence if doing so would destroy another's evidence
                                          Any ID, warrant, arrest, or evidentiary use of a match is
                                          not invalidated by a failure of or delay in expungement.
Sample Retention / Destruction                                    No provision
Provisions Concerning the
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees                         No provision
Provisions Regarding the                                            ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                    Montana                                  Nebraska
Expungement                                Mont. Code Ann. § 44-6-107               Neb. Rev. Stat. § 29-4109
What Are the Grounds                        Conviction or adjudication                  Conviction rev'd and
for Expungement?                                      rev'd                               case dismissed
What is Expunged?                                    Record                             Records, identifiable
                                                                                     information and samples
What is the Process                       The county atty of the county in        Expungement upon receipt of
for Expungement?                          which the conviction took place        a written request plus a certified
                                            notifies the dept. of justice      copy of the court order reversing the
                                                                                conviction and dismissing the case
Notes                                                   ***                                      ***




Sample Retention / Destruction                     No provision                       Neb. Rev. Stat. § 29-4105
Provisions Concerning the                              ***                       The State DNA Sample Bank is the
Retention or Destruction of                                                          repository for DNA samples
DNA Samples                                                                     Samples and records from qualifying
                                                                                 offenders are permanently retained
                                                                             Forensic casework samples and records
                                                                             are retained only as long as needed for
                                                                               criminal prosecutions or investigations
Voluntary Donors / Suspects / Arrestees    Mont. Code Ann. § 44-6-102                 Neb. Rev. Stat. § 29-4105
Provisions Regarding the                              ***                    Samples and records related to forensic
Retention and Expungement of                                                  casework shall be retained only as long
DNA Samples and Records                                                      as needed for a criminal investigation or
from Voluntary Donors, Suspects                                                  prosecution. If a sample has been
and Arrestees                                                                   submitted by a person who has been
                                                                             eliminated as a suspect, the state patrol
                                                                             or law enforcement agency shall destroy
                                                                              the sample and record in the presence
                                                                                 of a witness; a written record of the
                                                                              destruction shall be kept, signed by the
                                                                                               witness.
                                                             Nevada
Expungement                                         No specific provisions
What Are the Grounds                         [§§ 179A.075 and 179A.160 pertain
for Expungement?                          generally to retention and expungement
What is Expunged?                         of criminal history records; § 179A.075
                                            does specifically incorporate records
What is the Process                        generated from DNA testing; however,
for Expungement?                           the expungement provisions appear to
                                             pertain strictly to traditional criminal
                                          history records and do not address the
Notes                                        issues relevant to expungement of
                                                 DNA records and samples.]



Sample Retention / Destruction                          No provision
Provisions Concerning the                                   ***
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees                   No provision
Provisions Regarding the                        [§§ 179A.075 and 179A.160
Retention and Expungement of                      might conceivably apply,
DNA Samples and Records                        as these deal with removal of
from Voluntary Donors, Suspects                 records when the disposition
and Arrestees                                    of the accused's case turns
                                               for the better; however, these
                                                 sections seem to deal only
                                                    with traditional criminal
                                                        history records]
                                                     New Hampshire
Expungement                                  N.H. Rev. Stat. Ann. § 651-C:5
What Are the Grounds                               Conviction rev'd or
for Expungement?                                      case dismissed
What is Expunged?                                  Records, identifiable
                                                information and samples
What is the Process                          Expungement upon receipt of
for Expungement?                            a written request plus a certified
                                          copy of the court order reversing the
                                           conviction and dismissing the case
Notes                                       A Juvenile's DNA record is not
                                            automatically expunged when he
                                                    reaches adulthood

Sample Retention / Destruction                        No provision
Provisions Concerning the                                 ***
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees               No provision
Provisions Regarding the                                  ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                              New Jersey
Expungement                                          N.J. Stat. Ann. § 53:1-20.25
What Are the Grounds                                Conviction or adjudication rev'd
for Expungement?                                          and case dismissed
What is Expunged?                                         Records, identifiable
                                                       information and samples
What is the Process                           Petition court; notify the prosecutor in the
for Expungement?                            county in which the conviction was obtained;
                                              Expung. order plus court order reversing
                                          conviction sent to State Bureau of Identification
Notes                                     If one of the bases for inclusion in the database
                                           was other than conviction or adjudication, that
                                              entry shall not be subject to expungement

Sample Retention / Destruction                     N.J. Stat. Ann. § 53:1-20.21
Provisions Concerning the                   DNA samples are stored and maintained in
Retention or Destruction of                the State DNA Databank; the DNA record is
DNA Samples                                  stored and maintained in the State DNA
                                                             Database




Voluntary Donors / Suspects / Arrestees                     No provision
Provisions Regarding the                                        ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                                New Mexico
Expungement                                               N.M. Stat. Ann. § 29-16-10
What Are the Grounds                                           Conviction rev'd
for Expungement?
What is Expunged?                                          DNA records and sample

What is the Process                                      Expungement upon receipt of a
for Expungement?                                       written request plus a certified copy
                                                   of the court order reversing the conviction
                                                          on which inclusion was based
Notes                                                The head of the Adminstrative Center
                                                           is to ensure that the DNA is
                                                               expugned from CODIS

Sample Retention / Destruction                           N.M. Stat. Ann. § 29-16-4
Provisions Concerning the                      The Administrative Center serves as a repository
Retention or Destruction of                                   for DNA samples
DNA Samples




Voluntary Donors / Suspects / Arrestees       N.M. Stat. Ann. §§ 29-16-6, 29-16-8.1, 29-16-10.1
Provisions Regarding the                  Samples from unidentified or relatives of a missing person
Retention and Expungement of                shall be provided upon: completion of a permission to
DNA Samples and Records                     search form; the receipt of a properly executed search
from Voluntary Donors, Suspects                     warrant; or the issuance of a court order.
and Arrestees                               Missing person searches shall be limited to indexes of:
                                          unidentified persons; unidentified human remains; relatives
                                           or reference samples of a missing person; and covered
                                            offenders. Searches will not be run against indexes of
                                               evidentiary samples from criminal investigations.
                                           Samples expunged from the missing persons database
                                          upon receipt of a written request and, if applicable, a court
                                            order overturning the search warrant or inclusion order
                                                                 New York
Expungement                                              N.Y. Exec. Law § 995-c
What Are the Grounds                                Conviction rev'd or vacated; or
for Expungement?                                             pardon granted
What is Expunged?                            Index [database] record, sample, and other
                                              records, analyses, and related documents
What is the Process                        Petition court; notify DA; expungement granted
for Expungement?                               if petitioner won't be retried or has been
                                           acquitted, and if expungement won't harm other
                                             investigations or prosecutions for the crime
Notes                                           The statute authorizes rulemaking for
                                                   expungement in other appropriate
                                                              circumstances

Sample Retention / Destruction                                No provision
Provisions Concerning the                                         ***
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees                  N.Y. Exec. Law § 995-c
Provisions Regarding the                   If an individual, either voluntarily or pursuant to a
Retention and Expungement of                warrant or court order, has given a DNA sample
DNA Samples and Records                      regarding the investigation or prosecution of a
from Voluntary Donors, Suspects               crime, and has been completely acquitted or
and Arrestees                               pardoned, or has had his conviction vacated or
                                          reversed, may petition the court for expungement.
                                             The petitioner must serve a copy to the district
                                              attorney. If the court grants an expungement
                                             order, all samples and records must either be
                                               destroyed or returned to the petitioner or his
                                                                 attorney.
                                                        North Carolina                           North Dakota
Expungement                                       N.C. Gen. Stat. § 15A-148              N.D. Cent. Code § 31-13-07
What Are the Grounds                           Conviction rev'd and dismissed; or              Conviction rev'd or
for Expungement?                                 pardon of innocence granted                    case dismissed
What is Expunged?                                  DNA record and sample                    Identifiable information
                                                                                                 and samples
What is the Process                       Court orders expungement upon dismissal or     Petition the district court; lab
for Expungement?                           pardon; expungement and appellate court      expunges material upon receipt
                                          orders sent to SBI; upon expungement, SBI        of a certified court order
                                           sends documentation to defendant, his atty
Notes                                                          ***                                     ***




Sample Retention / Destruction                     N.C. Gen. Stat. § 15A-266.5                   No provision
Provisions Concerning the                    The DNA sample and record are stored                   ***
Retention or Destruction of                in the State DNA Databank and Database,
DNA Samples                                               respectively




Voluntary Donors / Suspects / Arrestees                  No provision                            No provision
Provisions Regarding the                                     ***                                     ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                        Ohio                             Oklahoma
Expungement                                          No provision                       No provision
What Are the Grounds                                     ***                     [74 § 150.27a authorizes
for Expungement?                                                                    the Oklahoma State
What is Expunged?                                         ***                     Bureau of Investigation
                                                                                   (OSBI) to promulgate
What is the Process                                       ***                         rules concerning
for Expungement?                                                                       expungement]



Notes                                                     ***




Sample Retention / Destruction                          No provision                   No provision
Provisions Concerning the                       [§ 109.573 authorizes the        [74 § 150.27a authorizes
Retention or Destruction of                   superintendant of the Bureau       OSBI to promulgate rules
DNA Samples                                      of Criminal Identification        concerning storage of
                                                 to establish procedures                 samples]
                                               for collection, maintenance,
                                              preservation and analysis of
                                                     DNA specimens]
Voluntary Donors / Suspects / Arrestees     Ohio Rev. Code Ann. § 109.573              No provision
Provisions Regarding the                   A close relative can submit a DNA               ***
Retention and Expungement of                 sample for the missing persons
DNA Samples and Records                    database. The Bureau of Criminal
from Voluntary Donors, Suspects              Investigation and Identification
and Arrestees                              can include the DNA record in the
                                           database or retain the sample for
                                            future reference and inclusion in
                                          the database. The missing persons
                                             DNA records may be searched
                                           against records in the unidentified
                                                    persons database.
                                                                 Oregon
Expungement                                             Or. Rev. Stat. § 181.085
What Are the Grounds                               Conviction, judgment, or order rev'd
for Expungement?
What is Expunged?                                Sample, physical evidence, and criminal
                                                  ID records generated from the sample
What is the Process                                   Expungement upon receipt of a
for Expungement?                                   written request plus a certified copy
                                                      of the court order reversing the
                                                       conviction, judgment, or order
Notes                                     The department is not required to destroy evidence if
                                             doing so would also destroy another's evidence.
                                          Notwithstanding this subsection, no sample or records
                                            are affected by an order to set aside a conviction
Sample Retention / Destruction                                  No provision
Provisions Concerning the                   [§ 181.085 authorizes the Dept. of State Police to
Retention or Destruction of                  adopt rules for storing and destroying samples]
DNA Samples




Voluntary Donors / Suspects / Arrestees                       No provision
Provisions Regarding the                                          ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                               Pennsylvania
Expungement                                              Pa. Stat. Ann. 44 § 2321
What Are the Grounds                            Conviction or adjudication rev'd and case
for Expungement?                                  dismissed; or DNA entered by mistake
What is Expunged?                                           Records, identifiable
                                                         information and samples
What is the Process                        Expungement upon receipt of a written request plus
for Expungement?                          a certified copy of the final court order reversing and
                                          dismissing the conviction; or upon clear & convincing
                                               proof that the DNA was entered by mistake
Notes                                          An incarcerated or previously incarcerated
                                              person can't seek expungement on the basis
                                                   that he was convicted or adjudicated
                                               delinquent prior to enactment of this statute
Sample Retention / Destruction                           Pa. Stat. Ann. 44 § 2313
Provisions Concerning the                      The State DNA Data Bank is the repository
Retention or Destruction of                                     for samples.
DNA Samples




Voluntary Donors / Suspects / Arrestees                        No provision
Provisions Regarding the                                           ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                      Rhode Island                             South Carolina
Expungement                                   R.I. Gen. Laws § 12-1.5-13                S.C. Code Ann. § 23-3-660
What Are the Grounds                         Conviction rev'd; or person has          Conviction or adjudication rev'd,
for Expungement?                                been dead at least 3 yrs.                   set aside or vacated.
What is Expunged?                                  Records, identifiable                     Records, identifiable
                                                information and samples                   information and samples
What is the Process                         Expungement upon receipt of a          Expungement upon receipt of a written
for Expungement?                             written request plus a certified     request, a certified court order reversing,
                                            copy of the court order reversing     vacating, or setting aside the conviction,
                                                      the conviction                     and proof of identification.
Notes                                                       ***                                        ***




Sample Retention / Destruction            R.I. Gen. Laws §§ 12-1.5-5, 12-1.5-10                 No provision
Provisions Concerning the                      The State DNA Data Bank is                           ***
Retention or Destruction of                     the repository for samples.
DNA Samples                                    The samples are to be locked
                                               with a coded locking system,
                                                      limiting access.



Voluntary Donors / Suspects / Arrestees               No provision                              No provision
Provisions Regarding the                                  ***                                       ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                              South Dakota
Expungement                                   S.D. Codified Laws §§ 23-5A-28 to 23-5A-31
What Are the Grounds                                 Conviction or adjudication rev'd
for Expungement?                                            and case dismissed
What is Expunged?                                           Records, identifiable
                                                         information and samples
What is the Process                               Expungement upon receipt of a written
for Expungement?                              request, a certified court order reversing and
                                            dismissing the conviction, and other information
                                                      needed to validate the request.
Notes                                       Destruction of physical evidence is not required
                                              if doing so would destroy another's evidence
                                           Failure or delay in expungement doesn't invalidate
                                              probable cause, arrest, etc., based on match
Sample Retention / Destruction                  S.D. Codified Laws §§ 23-5A-2, 23-5A-18
Provisions Concerning the                      The State DNA Data Bank is the repository
Retention or Destruction of                                     for samples.
DNA Samples                               Unused portions of samples remaining after analysis
                                               can only be used for limited purposes (e.g.,
                                           retesting, quality control, forensic validation, etc.)
                                             [§ 23-5A-16 authorizes the attorney general to
                                            promulgate rules regarding storage of samples]
Voluntary Donors / Suspects / Arrestees                         No provision
Provisions Regarding the                                             ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                Tennessee
Expungement                                     No provision
What Are the Grounds                                ***
for Expungement?
What is Expunged?                                    ***

What is the Process                                  ***
for Expungement?



Notes                                                ***




Sample Retention / Destruction                   No provision
Provisions Concerning the                 [§ 38-6-113 authorizes the
Retention or Destruction of               Bureau of Investigation to
DNA Samples                               promulgate rules regarding
                                             the maintenance and
                                           preservation of samples]



Voluntary Donors / Suspects / Arrestees         No provision
Provisions Regarding the                            ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                                   Texas
Expungement                                     Tex. Gov't Code Ann. §§ 411.1471, 411.151
What Are the Grounds                      See Crim. Proc. Art. 55.01: Tried and acquitted; convicted
for Expungement?                            and acquitted or pardoned; charge no longer pending
What is Expunged?                                                DNA record

What is the Process                          See Crim. Proc. Art. 55.02: Upon acquittal, trial court
for Expungement?                                  advises defendant of right to expungement;
                                                defendant petitions court; notify proper officials;
                                              hearing; expung. order sent to public safety director
Notes                                     The director by rule may permit administrative removal of a
                                          record, sample, or other information erroneously included in
                                                                  a database.

Sample Retention / Destruction                                   No provision
Provisions Concerning the                                            ***
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees      Tex. Gov't Code Ann. §§ 411.146, 411.149, 411.1471
Provisions Regarding the                        These statutes authorize the collection of DNA
Retention and Expungement of                            samples from volunteer donors.
DNA Samples and Records                         Arrestees' samples and records are destroyed
from Voluntary Donors, Suspects                    upon acquittal or dismissal of the case.
and Arrestees                                    Records are not expunged if a prosecution is
                                                  pending for another offense stemming from
                                                          the same criminal episode
                                                                       Utah
Expungement                                                Utah Code Ann. § 53-10-406
What Are the Grounds                                         Conviction, judgment, or
for Expungement?                                                 court order rev'd
What is Expunged?                                               Criminal ID records
                                                                   and samples
What is the Process                                      Expungement upon receipt of a
for Expungement?                                          written request plus a certified
                                                         copy of the court order reversing
                                                        the conviction, judgment, or order
Notes                                            Destruction of physical evidence is not required
                                                  if doing so would destroy another's evidence
                                          Notwithstanding this section, no sample, physical evidence, or
                                          records may be affected by an order to set aside a conviction
Sample Retention / Destruction                                      No provision
Provisions Concerning the                   [§ 53-10-406 authorizes the Bureau of Forensic Services
Retention or Destruction of                  to make rules regarding the storage and destruction of
DNA Samples                                                          samples.]




Voluntary Donors / Suspects / Arrestees                           No provision
Provisions Regarding the                                              ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                                        Vermont
Expungement                                                    Vt. Stat. Ann. 20 § 1940
What Are the Grounds                               Conviction rev'd, and case is nolle prosequi or
for Expungement?                                      dismissed or person is granted full pardon
What is Expunged?                                         Records, identifiable information
                                                                     and samples
What is the Process                                   The court or governor notifies the dept. of
for Expungement?                                      public safety of the dismissal of the case;
                                                   dept. expunges records and samples and upon
                                                    completion notifies individual via certified mail
Notes                                                                      ***




Sample Retention / Destruction                                Vt. Stat. Ann. 20 § 1938
Provisions Concerning the                                    DNA samples are stored in
Retention or Destruction of                                   the state DNA data bank
DNA Samples




Voluntary Donors / Suspects / Arrestees                       Vt. Stat. Ann. 20 §§ 1938, 1940
Provisions Regarding the                       Except for forensic unknown samples or records, no DNA
Retention and Expungement of                samples or records obtained voluntarily or via a nontestimonial
DNA Samples and Records                   identification order shall be entered into the database or databank
from Voluntary Donors, Suspects            If the identity of an unknown sample becomes known, and he is
and Arrestees                             excluded as a suspect in the case, his record is removed from the
                                             database upon conclusion of the investigation or prosecution
                                                Any sample which may lead to an exculpatory result and
                                             the record generated from it, shall be used only for purposes
                                               of the criminal investigation and the related prosecution for
                                                which the sample was obtained. Upon conclusion of the
                                               crim. proceedings, the sample and record shall be placed
                                                under seal and be used only pursuant to a judicial order.
                                                            Virginia                            Washington
Expungement                               Va. Code Ann. §§ 19.2-310.7, 19.2-310.2:1             No provision
What Are the Grounds                                  Conviction rev'd and                          ***
for Expungement?                                         case dismissed
What is Expunged?                                      Records, identifiable                        ***
                                                    information and samples
What is the Process                             Expungement upon receipt of a                       ***
for Expungement?                              written request plus a certified copy
                                               of the court order reversing and
                                                    dismissing the conviction
Notes                                                          ***                                  ***




Sample Retention / Destruction                   Va. Code Ann. § 19.2-310.4           Wash. Rev. Code Ann. § 43.43.754
Provisions Concerning the                   The unused portion of a DNA sample          Any sample may be retained
Retention or Destruction of                    remaining after analysis is to be         by the forensic laboratory
DNA Samples                                  securely stored; it can be used only             services bureau.
                                              for retesting or for the population
                                               statistical database (provided all
                                             identifying information is removed)

Voluntary Donors / Suspects / Arrestees         Va. Code Ann. § 19.2-310.2:1                    No provision
Provisions Regarding the                     Samples and records from arrestees                     ***
Retention and Expungement of                   are destroyed upon acquittal or
DNA Samples and Records                            dismissal of the charge.
from Voluntary Donors, Suspects
and Arrestees
                                                              West Virginia
Expungement                                         W. Va. Code Ann. § 15-2B-11
What Are the Grounds                                      Conviction rev'd and
for Expungement?                                             case dismissed
What is Expunged?                                         Records, identifiable
                                                       information and samples
What is the Process                            Petition court; notify prosecuting in the
for Expungement?                             judicial district where conviction occurred;
                                           expungement order plus certified copy of order
                                            dismissing case sent to div. of public safety
Notes                                                              ***




Sample Retention / Destruction                      W. Va. Code Ann. § 15-2B-8
Provisions Concerning the                  DNA samples are stored and maintained in the
Retention or Destruction of               DNA databank; DNA samples, without identifying
DNA Samples                                 information, may also be stored in any DNA
                                           typing, testing or research laboratory selected
                                                   by the Division of Public Safety



Voluntary Donors / Suspects / Arrestees                    No provision
Provisions Regarding the                                       ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees
                                                         Wisconsin
Expungement                                       Wis. Stat. Ann. § 165.77
What Are the Grounds                         Conviction or adjudication rev'd,
for Expungement?                                    set aside, or vacated.
What is Expunged?                                    Records, identifiable
                                                  information and samples
What is the Process                           Expungement upon receipt of a
for Expungement?                            written request plus a certified copy
                                            of the court order reversing, setting
                                             aside, or vacating the conviction
Notes                                                         ***




Sample Retention / Destruction                    Wis. Stat. Ann. § 165.77
Provisions Concerning the                 The laboratory shall destroy specimens
Retention or Destruction of                 after analysis has been completed
DNA Samples                                and the applicable court proceedings
                                          have concluded; this provision applies
                                          both to offender and volunteer samples



Voluntary Donors / Suspects / Arrestees            Wis. Stat. Ann. § 165.77
Provisions Regarding the                  Voluntary samples shall not be included
Retention and Expungement of               in the data bank; labs can compare the
DNA Samples and Records                    voluntary DNA with other samples; labs
from Voluntary Donors, Suspects            can make their analyses of the sample
and Arrestees                             available to law enforcement agencies in
                                           connection with criminal or delinquency
                                          investigations and, upon request, to any
                                          prosecutor, defense attorney, or subject
                                            of the analyses; labs shall destroy the
                                           specimens after analysis and the court
                                             proceedings have been completed.
                                                           Wyoming
Expungement                                       Wyo. Stat. Ann. §7-19-405
What Are the Grounds                                    Conviction rev'd
for Expungement?                                        and dismissed
What is Expunged?                                  Records and identifiable
                                                          information
What is the Process                             Expungement upon receipt of a
for Expungement?                            written request plus a certified copy of
                                           the court order reversing and dismissing
                                          the conviction or mandating expungement
Notes                                                          ***




Sample Retention / Destruction                          No provision
Provisions Concerning the                                   ***
Retention or Destruction of
DNA Samples




Voluntary Donors / Suspects / Arrestees                 No provision
Provisions Regarding the                                    ***
Retention and Expungement of
DNA Samples and Records
from Voluntary Donors, Suspects
and Arrestees

				
DOCUMENT INFO
Description: Sample Investigation Report of Employee Misconduct document sample