Title 24, Chapter 4, Section 63
( 24-4-63)
(a) It shall be the duty of the bureau to receive samples and to analyze, classify, and file the results of DNA identification characteristics of samples submitted pursuant to Code Section 24-4-60 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau. (b)(1) Upon his or her request, a copy of the request for search
shall be furnished to any person identified and charged with an
offense as the result of a search of information in the data bank.
Only when a sample or DNA profile supplied by the requestor
satisfactorily matches the requestor's profile in the data bank
shall the existence of data in the data bank be confirmed or
identifying information from the data bank be disseminated. (2) The name of the convicted offender whose profile is contained
in the data bank may be related to any other data bases which are
constructed for law enforcement purposes and may be disseminated
only for law enforcement purposes. (3) Upon a showing by the defendant in a criminal case that access
to the DNA data bank is material to the investigation,
preparation, or presentation of a defense at trial or in a motion
for a new trial, a superior court having proper jurisdiction over
such criminal case shall direct the bureau to compare a DNA
profile which has been generated by the defendant through an
independent test against the data bank, provided that such DNA
profile has been generated in accordance with standards for
forensic DNA analysis adopted pursuant to 42 U.S.C. Section 14131,
as amended. (c) The bureau shall develop procedures governing the methods of
obtaining information from the data bank in accordance with this
Code section and procedures for verification of the identity and
authority of the requestor. The bureau shall specify the positions
in that agency which require regular access to the data bank and
samples submitted as a necessary function of the job. (d) The bureau may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown. Nothing in this Code section or Code Section 24-4-64 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside the state. (e) The bureau may charge a reasonable fee to search and provide a
comparative analysis of DNA profiles in the data bank to any
authorized law enforcement agency outside of the state. |