ALABAMA

ALABAMA

*** CURRENT THROUGH 2000 REGULAR SESSION ***
*** ANNOTATIONS CURRENT THROUGH NOVEMBER 1, 2000 ***

TITLE 12. COURTS
CHAPTER 15. JUVENILE PROCEEDINGS
ARTICLE 5. RECORDS, FINGERPRINTS AND PHOTOGRAPHS

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Code of Ala. § 12-15-102 (2001)
§ 12-15-102. Fingerprints -- Photographs -- Blood or other samples

(a) Fingerprints of a child who has been charged with an act of delinquency shall be taken by the agency taking the child into custody. The prints may be retained in a local file and a copy shall be filed with the Alabama Bureau of Investigation.

(b) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reason to believe that they are those of the child in custody, the officer may fingerprint the child regardless of age or offense for purpose of immediate comparison with the latent fingerprints. The prints may be retained in a local file and copies shall be sent to the Alabama Bureau of Investigation.

(c) The court shall, by rule, require special precautions be taken to insure that the fingerprints will be maintained in a manner and under safeguards as to limit their use to inspection for comparison purposes by law enforcement officers or by staff of the depository only in the investigation of a crime.

(d) A child who is charged with an act of delinquency shall be photographed for criminal identification purposes. A child in custody for any other reason shall not be photographed for criminal identification purposes without the consent of the court. The photographs shall be retained in a local file with the same safeguards in place as for fingerprints.

(e) Blood or other samples necessary for DNA testing may be taken for criminal identification purposes from a child who is charged with an act that would constitute a Class A or B felony if committed by an adult. The samples, if taken, shall be submitted for DNA testing and the DNA records shall be filed with the Alabama Department of Forensic Sciences. The court shall, by rule, require special precautions be taken to ensure that the DNA records will be maintained in a manner and under safeguards that will limit their use to inspection for identification purposes by law enforcement officers or by staff of the testing facility only in the investigation of a crime.

(f) Any person who willfully violates this section shall, upon conviction thereof, be guilty of a Class A misdemeanor within the jurisdiction of the juvenile court.

NOTES:
EFFECTIVE DATES. Acts 1996, No. 96-524, effective May 17, 1996.
Acts 1997, 1st Ex. Sess., No. 97-925, effective December 1, 1997.
Acts 1999, No. 99-433, effective September 1, 1999.

1996 AMENDMENTS. Deleted "14 or more years of age" following "child" in the first sentence of subsection (a); in subsection (b), substituted "the officer" for "he" in the first sentence, and deleted the former second and fourth sentence which related to fingerprint comparison results; deleted "14 or more years of age" following "child" near the beginning of subsection (c); in subsection (d), added the present first sentence, and in the second sentence inserted "for any other reason" and deleted "unless the case is transferred for criminal prosecution" following "consent of the court"; added subsection (e); deleted "provisions of" following "violates" in subsection (f); and made nonsubstantive changes.

1997, 1ST EX. SESS., AMENDMENTS. Rewrote subsection (a); added the second sentence in subsection (b); deleted "If the court finds that a child has committed a felony, the prints may be retained in a local file and copies sent to a central state depository; provided, that" preceding "The court shall" in subsection (c); in subdivision (e), divided the former sentence into the present first and second sentences by deleting "provided that" following "DNA testing" in the present first sentence, and substituted "that will limit" for "as to limit" in the present second sentence; and made nonsubstantive changes.

1999 AMENDMENTS. Rewrote (a); deleted "to" following "precautions" in (c); in (d), in the first sentence, substituted "charged with an act of delinquency shall" for "referred to court for an alleged delinquent act may" and added the last sentence; rewrote (e); and in (f), inserted "Class A" and added "within the jurisdiction of the juvenile court."

RELATED STATUTES. Acts 1999, No. 99-433, § 1: "This act shall be known as and may be cited as the "Juvenile Information Act.'"

CROSS REFERENCES. --This law is referred to in: § 12-15-31.

CASE NOTES

CITED IN Woodson v. State, 405 So. 2d 967 (Ala. Crim. App. 1981).

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-20 (2001)
§ 36-18-20. Legislative intent

The Legislature hereby finds, determines and declares:

(a) That the tragic incidence of violent crime in our society is growing at an alarming rate, and that these offenses often times are committed by repeat or habitual offenders against our most innocent and defenseless citizens.

(b) That there is a critical and urgent need to provide law enforcement officers and agencies with the latest scientific technology available for the purpose of identifying, apprehending, arresting, and convicting those violent offenders.

(c) That DNA testing, profiling, and analysis allows a more certain and rapid identification of such offenders as well as the exoneration of those wrongfully suspected or accused.

(d) That genetic identification technology through DNA testing is generally accepted by the relevant scientific community.

(e) That the procedures and techniques employing the underlying theory of DNA identification is capable of producing reliable results and are generally accepted in the relevant scientific community.

(f) That genetic identification established through DNA testing and analysis should be admissible as a matter of evidence in all courts of this state and that juries, both civil and criminal, should be responsible for assessing the weight, if any, to be given to expert testimony or evidence.

(g) That the creation and establishment of a statewide DNA database is the most reasonable and certain method or means to rapidly identify repeat or habitually dangerous criminals.

(h) That the Alabama Department of Forensic Sciences should be authorized and empowered to analyze, type and record any and all genetic markers contained in or derived from DNA and to create a statewide DNA database system for collection, storage and maintenance of genetic identification information as the same may pertain to the identification of criminal suspects.

(i) That because of the nature of genetic identification certain occasions may arise when genetic information may serve an array of humanitarian purposes, including, but not limited to, the identification of human remains from natural or mass disasters or the identification of missing, deceased or unidentified persons.

(j) That through the development of a population statistical database which does not include therein individual personal identification information an important research mechanism is obtained for the causation, detection and prevention of disease.

(k) That genetic identification is a rapidly expanding technology and the Director of the Alabama Department of Forensic Sciences should be authorized and empowered to adopt reasonable rules and regulations to support identification research and the development of standard protocols for forensic DNA analysis or tests and DNA quality control.

( l ) That such needs are and ought to be intimately affected with the public interest.

The provisions of this article are to be liberally construed so as to accomplish these purposes and to promote the same which are hereby declared to be the public policy of this state.

NOTES:
ALABAMA LAW REVIEW. --Survey of 1997-98 Developments in Alabama case law. 50 Ala. L. Rev. 267 (1998).

CASE NOTES
Effect of sentencing
Evidence

Generally

EFFECT OF SENTENCING. The collection of DNA data from a convicted felon is a collateral effect of his sentence and not part of the sentence of which he must be apprised before pleading guilty; by not raising at trial his argument that his plea was involuntary because he was not informed of the possible maximum and minimum sentences, the defendant waived review on appeal. Danzey v. State, 703 So. 2d 1019 (Ala. Crim. App. 1997).

EVIDENCE.

GENERALLY.
Although the State laid a foundation for the admission of the DNA matching evidence, that foundation did not cover population frequency statistics, and the testimony of the State's expert forensic serologist failed to establish the necessary foundation for admitting the DNA population frequency statistics where she failed to explain adequately the database from which she made the population frequency statistics calculations and failed to properly explain her methods for calculating the results. Turner v. State, 746 So. 2d 352 (Ala. Crim. App. 1996).

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-21 (2001)
§ 36-18-21. Definitions

As used in this article, the following words, phrases or terms shall have the following meanings, respectively unless the context thereof clearly indicates otherwise:

(a) Director. Shall mean the Director of the Alabama Department of Forensic Sciences.

(b) Person. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

(c) DNA. Deoxyribonucleic acid.

(d) DNA sample. Any biological sample containing DNA.

(e) DNA record. An objective form of scientific analysis or tests which contain genetic identification characteristics of DNA samples.

(f) DNA population frequency. The frequency of occurrence of a particular DNA trait or fragment in a particular population.

(g) DNA database. That system established by the Director of the Alabama Department of Forensic Sciences for the purposes of collecting, storing and maintaining DNA records.

(h) DNA population statistical database. That system established by the Director of the Alabama Department of Forensic Sciences for collecting, storing, and maintaining genetic information relating to DNA population frequencies.

(i) FBI. The Federal Bureau of Investigation.

(j) CODIS. The National DNA Identification Index System established by the FBI.

(k) Incarceration facility. Any place of lawful involuntary confinement, partial or total, limited or unlimited, for criminals convicted pursuant to Alabama law, including but not limited to:

1. Prisons, jails or similar facilities.

2. Work release centers, or similar facilities.

3. Farms, ranches, halfway houses or similar facilities.

4. Drug or alcohol abuse treatment facilities.

5. Mental hospitals or other mental health facilities.

6. Parole or probation facilities or similar facilities.

( l ) Custodian. Any person who supervises, directs, or controls, by duty, assignment, appointment, or election any incarceration facility, including but not limited to:

1. The Commissioner of the Alabama Department of Corrections.

2. Any warden or similar officer employed by the State of Alabama or any county or municipality thereof.

3. Any director, supervisor, or similar officer of any work release center, ranch, farm, halfway house or similar facility operated, in whole or in part, or funded, in whole or in part, from state, county, or municipal funds.

4. Any director, supervisor, or similar officer of any drug or alcohol abuse treatment center or similar facility receiving criminals convicted or sentenced thereto pursuant to Alabama law.

5. Sheriffs.

6. Chiefs of police.

7. Probation and parole officers.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-22 (2001)
§ 36-18-22. Powers

The director is hereby authorized and empowered to:

(1) Collect, accept, analyze, test and store DNA samples.

(2) Create, maintain or exchange DNA records.

(3) Analyze, type and record any and all genetic markers contained in or derived from DNA and to provide for the collection, storage and maintenance of genetic identification information as the same may pertain to the identification or exclusion of criminal suspects.

NOTES:
CROSS REFERENCES. --Additional powers of director, §§ 36-18-34 and 36-18-36.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-23 (2001)
§ 36-18-23. FBI procedures; compatibility

The director shall ensure that forensic DNA testing conducted pursuant to the provisions of this article shall be conducted in a manner that is compatible with procedures specified by the FBI.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-24 (2001)
§ 36-18-24. DNA database; creation; purpose

The director is hereby authorized and empowered to create and establish a DNA database for the purposes of:

(a) Assisting federal, state, county, municipal, or local criminal justice and law enforcement officers or agencies in the putative identification, detection, or exclusion of persons who are the subjects of investigations or prosecutions of sex related crimes, other violent crimes or other crimes in which biological evidence is received or recovered.

(b) Supporting identification research and protocol development of DNA forensic methods.

(c) Creating and maintaining DNA quality control standards.

(d) Assisting in the recovery or identification of human remains from natural or mass disasters.

(e) Assisting in other humanitarian purposes including the identification of missing, deceased or unidentified persons.

The DNA database shall contain DNA records which the director shall deem necessary for the implementation of this article, and also shall contain DNA records of:

(a) Persons convicted after May 6, 1994 for a felony offense.

(b) Persons confined as of May 6, 1994 under a sentence of imprisonment or involuntary incarceration or confinement in a prison, jail, or other incarceration facility as a result of any felony conviction.

(c) Persons convicted after May 6, 1994 of any offense contained in Chapter 6, Title 13A, or as the same may be hereafter amended.

(d) Persons convicted after May 6, 1994, of any attempt, solicitation, or conspiracy to commit any offense contained in Chapter 6, Title 13A, or as the same may be hereafter amended.

(e) Persons convicted or sentenced after May 6, 1994, for any of the offenses enumerated above and serving a sentence of probation, suspended sentence, or other sentence or judgment not requiring immediate incarceration.

NOTES:
CROSS REFERENCES. --This law is referred to in: § 36-18-25.

ALR. --Validity, construction, and operation of state DNA database statutes. 76 ALR5th 239.

CASE NOTES
Apprisal before sentencing
Procedure /- Trial
Cited

APPRISAL BEFORE SENTENCING. The collection of DNA data from a convicted felon is a collateral effect of his sentence and not part of the sentence of which he must be apprised before pleading guilty; by not raising at trial his argument that his plea was involuntary because he was not informed of the possible maximum and minimum sentences, the defendant waived review on appeal. Danzey v. State, 703 So. 2d 1019 (Ala. Crim. App. 1997).

PROCEDURE -- TRIAL.
When a defendant alleges that the trial court erred in not conducting a hearing outside the jury's presence to determine the admissibility of DNA evidence, it is incumbent upon the defendant to have first requested that such a hearing be conducted. Simmons v. State, -- So. 2d -- (Ala. Crim. App. 1999), 1999 Ala. Crim. App. LEXIS 222.
Remand was required because the court was unable to determine whether the State satisfied the reliability test as to the theory and technique used by the Department of Forensic Sciences with regard to the admissibility of DNA population frequency statistical analysis evidence. Simmons v. State, -- So. 2d -- (Ala. Crim. App. 1999), 1999 Ala. Crim. App. LEXIS 222.

CITED IN Bennett v. State, 754 So. 2d 637 (Ala. Crim. App. 1999).

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-25 (2001)
§ 36-18-25. Collection of DNA samples; persons convicted

(a) All persons convicted of a criminal offense as set out in Section 36-18-24 shall, when requested by the director submit to the taking of a DNA sample or samples as may be specified by the director, provided, however, the director shall promulgate such rules and regulations as may be necessary for the purposes of ensuring that DNA samples are collected in a medically approved manner.

(b) As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA sample or samples as specified by the director. Upon the refusal of any such person to so submit the sentencing court shall order such submission as a mandatory condition of probation.

(c) As of May 6, 1994, all persons convicted of any of the offenses set out in Section 36-18-24 shall be ordered to submit to the taking of a DNA sample or samples as specified by the director as a mandatory condition of any term of probation or suspended sentence which may be imposed by the sentencing court.

(d) As of May 6, 1994, all persons convicted for any offense set out in Section 36-18-24 and under any sentence of confinement to any incarceration facility, shall, when requested by the director, submit to the taking of a DNA sample or samples as specified by the director. Upon the refusal of any such person to so submit, the custodian of the incarceration facility shall require such submission as a mandatory condition of any temporary, partial or limited release, including, but not limited to, work release, furlough, or other incentive release.

(e) As of May 6, 1994, all persons convicted of any of the offenses set out in Section 36-18-24, shall be ordered by the sentencing court to submit to the taking of a DNA sample or samples as may be specified by the director as part of the sentence to be imposed.

(f) As of May 6, 1994, all persons convicted for any offense set out in Section 36-18-24 who may be eligible for consideration by the Alabama Board of Pardons and Paroles for either a pardon or parole shall be ordered by the Alabama Board of Pardons and Paroles to submit to the taking of a DNA sample or samples as may be specified by the director, as a mandatory condition of the pardon or parole.

CASE NOTES
General comment
Constitutionality
Cited

GENERAL COMMENT. The language in this section did not provide defendant with a right to refuse to submit to DNA testing; the statute clearly makes it mandatory for all felon inmates to submit to DNA testing before their release, and the language referring to a refusal does not impart a right, but is rather "a timing mechanism" for the submission of the sample. Hammonds v. State, -- So. 2d -- (Ala. Crim. App. 1999), 1999 Ala. Crim. App. LEXIS 217.

CONSTITUTIONALITY.
The Alabama DNA collection statute requirement that all persons convicted of a felony or serving a sentence of imprisonment as a result of any felony conviction, after May 6, 1994, submit a blood sample for DNA processing was not a violation of defendant's Fourth Amendment right against an unreasonable search and seizure. Hammonds v. State, -- So. 2d -- (Ala. Crim. App. 1999), 1999 Ala. Crim. App. LEXIS 217.
There were no Fourth Amendment violations in the taking of defendant's blood sample contrary to ADFS protocol regulations because those regulations were merely promulgated to assist the Department of Corrections and the Department of Forensic Sciences in the orderly and medically approved collection and processing of numerous blood samples from inmates. Hammonds v. State, -- So. 2d -- (Ala. Crim. App. 1999), 1999 Ala. Crim. App. LEXIS 217.

CITED IN Bennett v. State, 754 So. 2d 637 (Ala. Crim. App. 1999).

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-26 (2001)
§ 36-18-26. Expungement of DNA records

Upon the reversal of conviction, the director shall be authorized and empowered to expunge DNA records upon request of the person from whom the sample was taken.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-27 (2001)
§ 36-18-27. Confidentiality of records

DNA records collected and maintained for the purpose of the identification of criminal suspects or offenders shall be disclosed only:

(a) To criminal justice agencies for law enforcement identification purposes.

(b) In judicial proceedings, if otherwise admissible.

(c) For criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-28 (2001)
§ 36-18-28. Confidentiality of records; disclosure; penalty

(a) A person who by virtue of employment or official position has possession of, or access to, individually identifiable DNA information indexed or otherwise contained in the DNA database system of the Alabama Department of Forensic Sciences and who knowingly and willfully discloses such information in any manner to any person or agency not entitled to receive it shall be guilty of a Class C felony.

(b) A person who without authorization knowingly and willfully obtains DNA samples or any individual identifiable DNA information indexed or contained in the DNA database system of the Alabama Department of Forensic Sciences shall be guilty of a Class C felony.

(c) A person who shall conspire to commit a violation of subsections (a) or (b) shall be guilty of a Class C felony.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-29 (2001)
§ 36-18-29. Records; falsification; destruction; unlawful possession, etc

A person who shall knowingly make any false entry or falsely alter any record of the Alabama Department of Forensic Sciences; or who shall intentionally destroy, mutilate, conceal, remove or otherwise impair the verity or availability of records of the Alabama Department of Forensic Sciences with the knowledge of a lack of authority to do so; or who shall possess a record of the Alabama Department of Forensic Sciences and refuse to deliver up such record upon proper request of a person lawfully entitled to receive the same shall be guilty of a Class B felony.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-31 (2001)
§ 36-18-31. DNA population statistical database; creation; purposes

(a) The director is hereby authorized and empowered to create and establish a DNA population statistical database which shall not include therein individually identifiable information.

(b) The DNA population statistical database may be utilized for the following purposes:

1. To provide data relative to the causation, detection and prevention of disease or disability.

2. To support identification research and protocol development of DNA forensic methods, or to create and maintain DNA quality control standards.

3. To assist in other humanitarian endeavors including, but not limited to, educational research or medical research or development.

NOTES:
ALR. --Validity, construction, and operation of state DNA database statutes. 76 ALR5th 239.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-32 (2001)
§ 36-18-32. DNA database fund

(a) There is hereby established a special fund to be known as the Alabama DNA Database Fund.

(b) The fund shall be placed under the management or administration of the Director of the Alabama Department of Forensic Sciences for the exclusive purposes of implementing the provisions of this article.

(c) The fund shall consist of all moneys received by the director pursuant to the provisions of this section.

(d) The director shall have control of those funds as shall not be inconsistent with the provisions of this article and with the laws of the State of Alabama.

(e) Monies deposited in the Alabama DNA Database Fund may be expended by the Director of the Alabama Department of Forensic Sciences in accordance with the provisions of this article. The investment of monies in the fund by the State Treasurer shall remain in the Alabama DNA Database Fund. At the end of each fiscal year any unexpended or unencumbered monies shall remain in the fund. However, no funds shall be withdrawn or expended except as budgeted and allotted according to law and only in the amounts authorized by the Legislature in the general appropriation bill or other appropriation bills.

(f) Neither the director nor any member of the director's staff nor any employee of the Alabama Department of Forensic Sciences shall have any financial interest in any such investments or receive any reward, thing of value, or commission in respect thereto.

(g) It shall be the duty of the director to keep detailed permanent records of all expenditures and disbursements from such fund or account.

(h) In all municipal, district and circuit court cases, both criminal and civil, in bond forfeiture proceedings, upon initiation of attachment, garnishment or execution proceedings and upon the issuance of any alias or capias warrant of arrest, a fee in the amount of $2.00 shall be assessed and collected. The fee shall be collected by the court clerk and remitted to the Alabama DNA Database Fund. Provided, however, that there shall be no additional fees imposed for violations relating to parking tickets or small claims cases.

The amount of the fees shall be remitted by the person or authority collecting the same to the director on the 10th day of each month next succeeding that in which the fee is paid. It shall be the duty of the clerk or other authority collecting those court fees to keep accurate records of the amounts due the director for the benefit of the fund established under this section.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-34 (2001)
§ 36-18-34. Implementation of article; powers of director

(a) For the purposes of performing any of the functions, duties, or responsibilities of the Alabama Department of Forensic Sciences or for the purposes of implementing any provision of this article or to defray the costs thereof, the director may receive, accept, expend, or utilize any and all money or property of whatever nature, kind or description which may now or hereafter be available for such purposes.

(b) For the purposes of implementing any of the provisions of this article, or to defray the costs thereof, the director may award loans or grants of money, equipment or personnel to public or private non-profit corporations, associations, agencies of the State of Alabama or any political subdivision thereof, or to state, county, or municipal law enforcement or prosecutorial or judicial agencies upon such terms and conditions as the director may deem necessary.

(c) The director may enter into agreements with the United States of America, the State of Alabama, any municipality, or any of the respective agencies, institutions, departments, authorities, agents or employees of the above in order to implement the provisions of this article or to defray the costs thereof.

(d) The director may enter into contracts with private persons in order to implement any provision of this article or to defray the costs thereof, provided however, any such agreement or contract shall be approved by the Governor or the Attorney General of the State of Alabama.

(e) The director may receive, accept, utilize, expend, and administer any grants, gifts, donations, reimbursements, or fees from any public, quasi-public, or private source.

NOTES:
CROSS REFERENCES. --Powers of director, generally, § 36-18-22.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-35 (2001)
§ 36-18-35. Bribes -- Conflicts of interest

(a) Any person who confers, offers, or agrees to confer anything of value upon any director, agent, or employee of the Alabama Department of Forensic Sciences with the intent that such director's, agent's, or employee's vote, opinion, judgment, or exercise of discretion or other official action will thereby be influenced, shall be guilty of a Class B felony.

(b) Any director, agent, or employee of the Alabama Department of Forensic Sciences who shall solicit, accept, or agree to accept anything of value upon any agreement or understanding that such director's, agent's, or employee's vote, opinion, judgment, or exercise of discretion or other action as such director, agent, or employee will thereby be influenced, shall be guilty of a Class B felony.

(c) A director, agent, or employee of the Alabama Department of Forensic Sciences commits the crime of failing to disclose a conflict of interest if the director, agent, or employee exercises any discretionary function in connection with any contract, purchase, payment, or other pecuniary transaction pertaining to the Alabama Department of Forensic Sciences without advance public disclosure of a known potential conflicting interest in the transaction.

(1) A "potential conflicting interest" exists, but is not limited to:

A. When a director, agent, or employee of the Alabama Department of Forensic Sciences is a director, president, general manager, or similar executive officer, agent or employee of any non-governmental entity participating in such transaction.

B. When a director, agent, or employee of the Alabama Department of Forensic Sciences owns directly or indirectly a substantial portion of any non-governmental entity participating in that transaction.

C. When a director, agent or employee of the Alabama Department of Forensic Sciences endeavors to obtain directly or indirectly any pecuniary or other financial interest in, or as a result of, the pecuniary transaction.

(2) Public disclosure shall mean a public announcement and written notification to the Attorney General of the State of Alabama.

(3) Failing to disclose a conflict of interest shall be a Class C felony.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-37 (2001)
§ 36-18-37. Civil liability

(a) Neither the Director of the Alabama Department of Forensic Sciences nor any person designated by the director for the purposes of taking, collecting, storing, analyzing or testing DNA samples shall incur any civil liability when such taking, collecting, storing, analyzing or testing is performed according to rules or regulations promulgated or adopted by the director, and

(b) The alleged damage or injury was not caused by willful or wanton conduct by the director or the director's designated person.

TITLE 36. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 18. DIRECTOR OF FORENSIC SCIENCES
ARTICLE 2. DNA DATABASE SYSTEM

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Code of Ala. § 36-18-36 (2001)
§ 36-18-36. Corporate powers of director -- Powers of department

For the purposes of implementing the provisions of this article or to defray the costs thereof, the Director of the Alabama Department of Forensic Sciences shall have all the powers and privileges of a corporation and all of his or her business shall be transacted in the name of the Alabama Department of Forensic Sciences. In addition to any other powers and duties specified elsewhere in this article, the Alabama Department of Forensic Sciences shall have power to:

(a) Regulate its own procedures except as otherwise provided in this article.

(b) Define any term not defined in this section.

(c) Prescribe forms necessary to carry out the purposes of this article.

(d) Take judicial notice of general, technical and scientific facts within the director's specialized knowledge.

(e) Collect all moneys provided by this article to be collected by the director.

(f) Provide for and maintain all necessary administrative facilities, personnel, equipment, supplies, materials and other items which the director deems necessary for the proper dispatch of his or her duties, responsibilities, or functions pursuant to the provisions of this article.

(g) Provide for payment of all administrative salaries, fees and expenses.

(h) Cause moneys to be invested and investments sold or exchanged and the proceeds and income collected.

(i) Adopt such rules and regulations as may be necessary or desirable to expedite the administration of the affairs of the Department of Forensic Sciences not inconsistent with the provisions of this article.

(j) Provide descriptive literature respecting the Alabama Department of Forensic Sciences and its duties.

(k) Employ such specified or technical personnel as shall be necessary or desirable to enable the director to carry on his or her functions in a proper and sound manner.

( l ) Receive by gift, grant, devise or bequest any moneys or properties of any nature or description.

(m) Accept and administer loans, grants and donations from the federal government, its agencies, and all other sources, public and private.

(n) Collect, develop and maintain statistical information, records and reports as the director may determine relevant or necessary to carry out the powers, duties, or functions of the director pursuant to the provisions of this article. All agencies and institutions of this state, the political subdivisions thereof as well as agencies or institutions of municipalities shall, upon written request by the director furnish to the director such statistical information or data as the director shall deem necessary to fulfill his or her duties and responsibilities under the provisions of this article.

(o) Carry out any powers expressly granted elsewhere in this article to the director; and

(p) All other powers necessary for the proper administration of the provisions of this article.

NOTES:
CROSS REFERENCES. --Powers of director, generally, § 36-18-22.

ALASKA

TITLE 44. STATE GOVERNMENT
CHAPTER 41. DEPARTMENT OF PUBLIC SAFETY

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Alaska Stat. § 44.41.035 (2001)
Sec. 44.41.035. DNA identification system

(a) To support criminal justice services in this state, the Department of Public Safety shall establish a deoxyribonucleic acid (DNA) identification registration system.

(b) The Department of Public Safety shall collect for inclusion into the DNA registration system a blood sample, oral sample, or both, from (1) a person convicted of a crime against a person, and (2) a minor 16 years of age or older, adjudicated as a delinquent for an act that would be a crime against a person if committed by an adult. The DNA identification registration system consists of the blood or oral samples drawn under this section, any DNA or other blood grouping tests done on those samples, and the identification data related to the samples or tests. Blood samples and oral samples from persons not subject to testing under this section, and test or identification data related to those samples, may not be entered into, or made a part of, the DNA identification registration system.

(c) The Department of Public Safety may provide

(1) DNA analysis services to law enforcement agencies throughout the state; and

(2) assistance to law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court.

(d) Except as provided in (e) of this section, a local law enforcement agency may not establish or operate a DNA identification registration system unless

(1) the equipment and the DNA typing method of the local system are compatible with that of the state system under (a) of this section;

(2) the local system is equipped to receive and answer inquiries from the department's DNA identification registration system and transmit data to the department's DNA identification registration system; and

(3) procedure and rules for the collection, analysis, storage, expungement, and use of DNA identification data do not conflict with this section and procedures and rules applicable to the department's DNA identification registration system.

(e) Nothing in (d) of this section prohibits a local law enforcement agency from performing DNA identification analysis in individual cases to assist law enforcement officials and prosecutors in the preparation and use of DNA evidence for presentation in court.

(f) The DNA identification registration system is confidential, is not a public record under AS 40.25.110 -- 40.25.140, and may be used only for

(1) providing DNA or other blood grouping tests for identification analysis;

(2) law enforcement purposes including criminal investigations and prosecutions;

(3) statistical blind analysis; or

(4) improving the operation of the system.

(g) A person from whom a sample has been collected under this section may inspect and obtain a copy of the identification data regarding the person contained within the DNA identification registration system.

(h) The Department of Public Safety shall adopt reasonable procedures

(1) for the collection, analysis, storage, expungement, and use of the DNA identification registration system; and

(2) to protect the DNA identification registration system established under this section from unauthorized access and from accidental or deliberate damage by theft, sabotage, fire, flood, wind, or power failure.

(i) The Department of Public Safety shall, upon receipt of a court order, destroy the material in the system relating to a person. The court shall issue the order if it determines that

(1) the conviction or adjudication that subjected the person to having a sample taken under this section is reversed; and

(2) the person

(A) is not retried or readjudicated for the crime; or

(B) after retrial, is acquitted of the crime or after readjudication for the crime is not found to be a delinquent.

(j) In this section,

(1) "crime against a person" means a felony offense, or a felony attempt to commit an offense, under AS 11.41, other than AS 11.41.320, or under AS 11.46.400;

(2) "oral sample" means a sample taken from the mouth of a person that consists of saliva or tissue, or both, as is determined by the Department of Public Safety to be necessary to obtain an accurate DNA identification and to otherwise achieve the purposes of this section.

HISTORY: (§ 2 ch 10 SLA 1995; am § 5 ch 44 SLA 2000)

NOTES:
REVISOR'S NOTES. --In 2000, "AS 40.25.110 -- 40.25.140" was substituted for "AS 09.25.110 -- 09.25.140" to reflect the 2000 renumbering of AS 09.25.110 -- 09.25.140.

EFFECT OF AMENDMENTS. --The 2000 amendment, effective May 12, 2000, in subsection (i) inserted ", upon receipt of a court order," and at the end of the introductory language added: "The court shall issue the order if it determines that."

EFFECTIVE DATES. --Section 4, ch. 10, SLA 1995 makes this section effective January 1, 1996.

EDITOR'S NOTES. --Section 3, ch. 10, SLA 1995 provides that this section "applies to all convictions [for a crime against a person] occurring on or after January 1, 1996."

USER NOTE: For more generally applicable notes, see notes under the first section of this article, chapter or title.

ALASKA ADVANCE LEGISLATIVE SERVICE
STATENET
Copyright © 2000 by Information for Public Affairs, Inc.

ALASKA 21ST LEGISLATURE -- SECOND SESSION

CHAPTER NO. 44

HOUSE BILL 294

1999 AK. ALS 44; 1999 AK. Sess. Laws 44; 1999 AK. Ch. 44; 1999 AK. HB 294
SYNOPSIS: AN ACT "An Act Relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and providing for an effective date."

NOTICE:
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

[*1] Section 1. AS 11.56.760(a) is amended to read:

(a) A person commits the crime of violating an order to submit to DNA testing if, when requested by a health care professional acting on behalf of the state to provide a blood sample, oral sample, or both, [A> OR WHEN REQUESTED BY A JUVENILE OR ADULT CORRECTIONAL, PROBATION, OR PAROLE OFFICER OR A PEACE OFFICER TO PROVIDE AN ORAL SAMPLE, <A] the person refuses to provide the sample or samples and the person has been

(1) ordered to submit to DNA testing as part of a sentence imposed under AS 12.55.015; or

(2) convicted of an offense that requires DNA testing under the provisions of AS 44.41.035.

[*2] Sec. 2. AS 12.55.015(h) is amended to read:

(h) In addition to penalties authorized by this section, the court shall order a person convicted of an offense requiring the state to collect a blood sample, oral sample, or both, for the deoxyribonucleic acid identification registration system under AS 44.41.035 to submit to the collection of [A> (1) <A] the sample or samples when requested by a health care professional acting on behalf of the state to provide the sample or samples [A> ; OR <A]

[A> (2) AN ORAL SAMPLE WHEN REQUESTED BY A JUVENILE OR ADULT CORRECTIONAL, PROBATION, OR PAROLE OFFICER, OR A PEACE OFFICER <A] .

[*3] Sec. 3. AS 12.55.100(d) is amended to read:

(d) If the court orders probation for a defendant convicted of an offense requiring the state to collect a blood sample, oral sample, or both, from the defendant for the deoxyribonucleic acid identification registration system under AS 44.41.035, the court shall order the defendant, as a condition of probation, to submit to the collection of [A> (1) <A] the sample or samples when requested by a health care professional acting on behalf of the state to provide the sample or samples [A> ; OR <A]

[A> (2) AN ORAL SAMPLE WHEN REQUESTED BY A JUVENILE OR ADULT CORRECTIONAL, PROBATION, OR PAROLE OFFICER, OR A PEACE OFFICER <A] .

[*4] Sec. 4. AS 33.16.150(a)(12) is amended to read:

(12) shall provide a blood sample, an oral sample, or both, when requested by a health care professional acting on behalf of the state to provide the sample or samples [A> , OR AN ORAL SAMPLE WHEN REQUESTED BY A JUVENILE OR ADULT CORRECTIONAL, PROBATION, OR PAROLE OFFICER, OR A PEACE OFFICER, <A] if the prisoner is being released after a conviction of an offense requiring the state to collect the sample or samples for the deoxyribonucleic acid identification system under AS 44.41.035.

[*5] Sec. 5. AS 44.41.035(i) is amended to read:

(i) The Department of Public Safety shall [A> , UPON RECEIPT OF A COURT ORDER, <A] destroy the material in the system relating to a person [A> . THE COURT SHALL ISSUE THE ORDER IF IT DETERMINES THAT <A] [D> IF <D]

(1) the conviction or adjudication that subjected the person to having a sample taken under this section is reversed; and

(2) the person

(A) is not retried or readjudicated for the crime; or

(B) after retrial, is acquitted of the crime or after readjudication for the crime is not found to be a delinquent.

[*6] Sec. 6. This Act takes effect immediately under AS 01.10.070(c).

HISTORY:
Approved by the Governor on May 11, 2000

SPONSOR:
Committee on Rules

ARIZONA

TITLE 13. CRIMINAL CODE
CHAPTER 38. MISCELLANEOUS
ARTICLE 29. POST-CONVICTION RELIEF

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A.R.S. § 13-4240 (2000)
§ 13-4240. Postconviction deoxyribonucleic acid testing

A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request the forensic deoxyribonucleic acid testing of any evidence that is in the possession or control of the court or the state, that is related to the investigation or prosecution that resulted in the judgment of conviction, and that may contain biological evidence.

B. After notice to the prosecutor and an opportunity to respond, the court shall order deoxyribonucleic acid testing if the court finds that all of the following apply:

1. A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through deoxyribonucleic acid testing.

2. The evidence is still in existence and is in a condition that allows deoxyribonucleic acid testing to be conducted.

3. The evidence was not previously subjected to deoxyribonucleic acid testing or was not subjected to the testing that is now requested and that may resolve an issue not previously resolved by the previous testing.

C. After notice to the prosecutor and an opportunity to respond, the court may order deoxyribonucleic acid testing if the court finds that all of the following apply:

1. A reasonable probability exists that either:

(a) The petitioner's verdict or sentence would have been more favorable if the results of deoxyribonucleic acid testing had been available at the trial leading to the judgment of conviction.

(b) Deoxyribonucleic acid testing will produce exculpatory evidence.

2. The evidence is still in existence and is in a condition that allows deoxyribonucleic acid testing to be conducted.

3. The evidence was not previously subjected to deoxyribonucleic acid testing or was not subjected to the testing that is now requested and that may resolve an issue not previously resolved by the previous testing.

D. If the court orders testing pursuant to subsection B, the court shall order the method and responsibility for payment, if necessary. If the court orders testing pursuant to subsection C, the court may require the petitioner to pay the costs of testing.

E. The court may appoint counsel for an indigent petitioner at any time during any proceedings under this section.

F. If the court orders testing pursuant to this section, the court shall select a laboratory that meets the standards of the deoxyribonucleic acid advisory board to conduct the testing.

G. If the prosecutor or defense counsel has previously subjected evidence to deoxyribonucleic acid testing, the court may order the prosecutor or defense counsel to provide all the parties and the court with access to the laboratory reports that were prepared in connection with the testing, including underlying data and laboratory notes. If the court orders deoxyribonucleic acid testing pursuant to this section, the court shall order the production of any laboratory reports that are prepared in connection with the testing and may order the production of any underlying data and laboratory notes.

H. If a petition is filed pursuant to this section, the court shall order the state to preserve during the pendency of the proceeding all evidence in the state's possession or control that could be subjected to deoxyribonucleic acid testing. The state shall prepare an inventory of the evidence and shall submit a copy of the inventory to the defense and the court. If evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions, including criminal contempt, for a knowing violation.

I. The court may make any other orders that the court deems appropriate, including designating any of the following:

1. The type of deoxyribonucleic acid analysis to be used.

2. The procedures to be followed during the testing.

3. The preservation of some of the sample for replicating the testing.

4. Elimination samples from third parties.

J. If the results of the postconviction deoxyribonucleic acid testing are not favorable to the petitioner, the court shall dismiss the petition. The court may make further orders as it deems appropriate, including any of the following:

1. Notifying the board of executive clemency or a probation department.

2. Requesting that the petitioner's sample be added to the federal combined DNA index system offender database.

3. Providing notification to the victim or family of the victim.

K. Notwithstanding any other provision of law that would bar a hearing as untimely, if the results of the postconviction deoxyribonucleic acid testing are favorable to the petitioner, the court shall order a hearing and make any further orders that are required pursuant to this article or the Arizona rules of criminal procedure.

HISTORY: Last year in which legislation affected this section: 2000Laws 2000, Ch. 373, § 1.

TITLE 13. CRIMINAL CODE
CHAPTER 40. CRIME VICTIMS' RIGHTS

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A.R.S. § 13-4438 (2000)
§ 13-4438. Deoxyribonucleic acid testing; exception

A. Before a person is released and within thirty days after the arrival of a person who is accepted under the interstate compact for the supervision of parolees and probationers, the state department of corrections shall secure a blood sample sufficient for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense listed in this section or an attempt to commit an offense listed in this section and was sentenced to a term of imprisonment. The state department of corrections shall transmit the sample to the department of public safety. A person who is accepted for interstate parole supervision by this state shall pay for the costs of the testing.

B. Before a person is released, the county jail detention facility shall secure a blood sample sufficient for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section or an attempt to commit an offense listed in this section and was sentenced to a term of incarceration in a county jail detention facility or a county juvenile detention facility. The county jail detention facility shall transmit the sample to the department of public safety.

C. Within fifteen days after a person is convicted or adjudicated delinquent, a county probation department shall secure a blood sample sufficient for deoxyribonucleic acid testing and extraction from the person if the person is convicted of or adjudicated delinquent for an offense listed in this section or an attempt to commit an offense listed in this section and is sentenced to or placed on a term of probation. The county probation department shall transmit the sample to the department of public safety.

D. Within thirty days after the arrival of a person who is accepted under the interstate compact for the supervision of parolees and probationers, a county probation department shall secure a blood sample sufficient for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense listed in this section or an attempt to commit an offense listed in this section and was sentenced to a term of probation. The county probation department shall transmit the sample to the department of public safety. A person who is accepted for interstate probation supervision by this state shall pay the cost of testing.

E. Before the release of a committed youth as defined in section 41-2801, the department of juvenile corrections shall secure a blood sample sufficient for deoxyribonucleic acid testing and extraction from the youth if the youth was adjudicated delinquent for an offense listed in this section or an attempt to commit an offense listed in this section and was committed to a secure care facility. The department of juvenile corrections shall transmit the sample to the department of public safety.

F. If a juvenile is accepted by the Arizona department of juvenile corrections pursuant to the interstate compact on juveniles and is adjudicated for an offense listed in this section, the compact administrator shall request that the sending state impose as a condition of supervision that the juvenile submit a blood sample sufficient for deoxyribonucleic acid testing within thirty days of arrival in this state. If the sending state does not impose that condition, the department of juvenile corrections shall request a blood sample sufficient for deoxyribonucleic acid testing within thirty days of the juvenile's arrival in this state. The department of juvenile corrections shall transmit the sample to the department of public safety.

G. Notwithstanding subsections A through F of this section, the department of public safety shall not secure a blood sample if the scientific criminal analysis section of the department has previously made a deoxyribonucleic acid analysis of the person's blood pursuant to this section and maintains a report of the results.

H. The department of public safety shall do all of the following:

1. Conduct or oversee through mutual agreement an analysis of the samples that it receives.

2. Make and maintain a report of the results of each deoxyribonucleic acid analysis.

3. Maintain blood samples for at least thirty-five years.

I. This section applies to persons who are convicted of or adjudicated delinquent for the following offenses:

1. A violation of or an attempt to violate section 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1412, 13-1417, 13-3608, 13-3821, 13-3822 or 13-3824.

2. Beginning on January 1, 2001, a violation of or an attempt to violate Title 13, Chapter 11, section 13-1507 or section 13-1508.

3. Beginning on January 1, 2002, any offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury as provided in section 13-604.

HISTORY: Last year in which legislation affected this section: 2000Laws 1998, Ch. 291, § 6; Laws 1999, Ch. 305, § 4; Laws 2000, Ch. 373, § 2.

ANALYSIS
Constitutionality.
Applicability.

CONSTITUTIONALITY.
A juvenile's right to be free from unreasonable searches and seizures and right to privacy are not violated by this section or § 31-281. In re Maricopa County Juvenile Action Nos. JV-512600 & JV-512797, 187 Ariz. 419, 930 P.2d 496 (Ct. App. 1996).
This section and § 31-281, which permit the use of a juvenile's DNA test results in adult prosecutions, do not conflict with the Arizona Constitution or § 8-207. In re Maricopa County Juvenile Action Nos. JV-512600 & JV-512797, 187 Ariz. 419, 930 P.2d 496 (Ct. App. 1996).

APPLICABILITY.
Section 1-246 does not bar retroactive application of this section nor of § 31-281 because those sections are not penal. In re Maricopa County Juvenile Action Nos. JV-512600 & JV-512797, 187 Ariz. 419, 930 P.2d 496 (Ct. App. 1996).
Where juvenile appellant was adjudicated delinquent of attempted molestation of a child, no distinction existed between the attempted offense and the completed offense sufficient to warrant setting aside important public policy considerations, or to preclude DNA testing. In re Sean M., 189 Ariz. 323, 942 P.2d 482 (Ct. App. 1997).
Legislature's amendment to the sex offender registration statute had no effect on the DNA testing statutes and the requirement to submit to DNA testing applied to attempted as well as completed sexual offenses. In re Sean M., 189 Ariz. 323, 942 P.2d 482 (Ct. App. 1997).

TITLE 31. PRISONS AND PRISONERS
CHAPTER 2. STATE PRISON
ARTICLE 6. DEOXYRIBONUCLEIC ACID IDENTIFICATION

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A.R.S. § 31-281 (2000)
FIRST OF TWO VERSIONS OF THIS SECTION

§ 31-281. Deoxyribonucleic acid identification; testing
Text of section as amended by Laws 2000, Ch. 193, § 263 and Laws 2000, Ch. 373, § 3, blended

A. A person who is convicted of or adjudicated delinquent for any offense listed in section 13-4438, subsection I and any person who is accepted under the interstate compact for the supervision of parolees and probationers and who has arrived in this state shall submit to deoxyribonucleic acid testing for law enforcement identification purposes. The department of public safety shall maintain both of the following:

1. Reports of the tests.

2. Blood samples for at least thirty-five years.

B. A person who is tested pursuant to this section and who has sufficient financial ability shall pay for the costs of the testing. The cost to the person shall not exceed five hundred dollars. All monies received pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona deoxyribonucleic acid identification system fund established by section 41-2419.

C. If a juvenile is adjudicated delinquent and is tested pursuant to subsection A of this section, the results of the test may be used for any law enforcement identification purpose, including adult prosecutions.

HISTORY: Last year in which legislation affected this section: 2000Laws 1999, Ch. 305, § 5; Laws 2000, Ch. 193, § 263; Laws 2000, Ch. 373, § 3.

ANALYSIS
Constitutionality.
Applicability.

CONSTITUTIONALITY.
A juvenile's right to be free from unreasonable searches and seizures and right to privacy are not violated by this section or § 13-4438. In re Maricopa County Juvenile Action Nos. JV-512600 & JV-512797, 187 Ariz. 419, 930 P.2d 496 (Ct. App. 1996).
This section and § 13-4438, which permit the use of a juvenile's DNA test results in adult prosecutions, do not conflict with the Arizona Constitution or § 8-207. In re Maricopa County Juvenile Action Nos. JV-512600 & JV-512797, 187 Ariz. 419, 930 P.2d 496 (Ct. App. 1996).

APPLICABILITY.
Section 1-246 does not bar retroactive application of this section nor of § 13-4438 because those sections are not penal. In re Maricopa County Juvenile Action Nos. JV-512600 & JV-512797, 187 Ariz. 419, 930 P.2d 496 (Ct. App. 1996).
Where juvenile appellant was adjudicated delinquent of attempted molestation of a child, no distinction existed between the attempted offense and the completed offense sufficient to warrant setting aside important public policy considerations, or to preclude DNA testing. In re Sean M., 189 Ariz. 323, 942 P.2d 482 (Ct. App. 1997).
Legislature's amendment to the sex offender registration statute had no effect on the DNA testing statutes and the requirement to submit to DNA testing applied to attempted as well as completed sexual offenses. In re Sean M., 189 Ariz. 323, 942 P.2d 482 (Ct. App. 1997).

------------------------------
SECOND OF TWO VERSIONS OF THIS SECTION

§ 31-281. Deoxyribonucleic acid identification; sexual offenses
Text of section as amended by Laws 2000, Ch. 189, § 5 could not be blended. For blended version see the preceding section 31-281

A. A person who is convicted of or adjudicated delinquent for a sexual offense or attempt to commit a sexual offense as provided in section 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1412, 13-1417 or 13-3608 or who is convicted of or adjudicated delinquent for a violation of section 13-3821, 13-3822, 13-3824, 13-3552, 13-3553 or 13-3554 and any person who is accepted under the interstate compact for the supervision of parolees and probationers and has arrived in this state shall submit to deoxyribonucleic acid testing for law enforcement identification purposes. The department of public safety shall maintain reports of the tests.

B. A person who is tested pursuant to subsection A of this section and who has sufficient financial ability shall pay for the costs of the testing. The cost to the person shall not exceed five hundred dollars. All monies received pursuant to this subsection shall be transmitted to the state treasurer for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41-2419.

C. If a juvenile is adjudicated delinquent and is tested pursuant to subsection A of this section, the results of the test may be used for any law enforcement identification purpose, including adult prosecutions.

HISTORY: Last year in which legislation affected this section: 2000Laws 2000, Ch. 189, § 35.

TITLE 41. STATE GOVERNMENT
CHAPTER 21. ARIZONA CRIMINAL JUSTICE COMMISSION
ARTICLE 1. GENERAL PROVISIONS

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A.R.S. § 41-2418 (2000)
§ 41-2418. Arizona deoxyribonucleic acid identification system

A. The Arizona deoxyribonucleic acid identification system is established in the department of public safety for the purposes of conducting deoxyribonucleic acid testing and analysis pursuant to sections 13-4438 and 31-281.

B. The scientific criminal analysis section established in section 41-1771 shall establish procedures for the implementation of sections 13-4438 and 31-281.

HISTORY: Last year in which legislation affected this section: 1993

ANALYSIS
Applicability.

APPLICABILITY.
Because the Arizona DNA Identification System was created for the purpose of conducting deoxyribonucleic acid testing and analysis pursuant to §§ 13-4438 and 31-281, these sex-offender statutes are the only feeder statutes for the Arizona DNA Identification System, and they apply only to persons who have been convicted of a sexual offense; therefore, DNA testing cannot apply to juvenile delinquency. In re Maricopa County, 183 Ariz. 175, 901 P.2d 1205 (Ct. App. 1995).

ARKANSAS

TITLE 12. LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS
SUBTITLE 2. LAW ENFORCEMENT AGENCIES AND PROGRAMS
CHAPTER 12. CRIME REPORTING AND INVESTIGATIONS
SUBCHAPTER 11. DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS

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Ark. Stat. Ann. § 12-12-1101 (2001)
§ 12-12-1101. Short title

This subchapter shall be known and may be cited as the "DNA Detection of Sexual and Violent Offenders Act".

HISTORY: Acts 1997, No. 737, § 1.

NOTES APPLICABLE TO ENTIRE CHAPTER

A.C.R.C. NOTES. References to "this chapter" in §§ 12-12-102 -- 12-12-215 and subchapters 3-13 may not apply to § 12-12-216 which was enacted subsequently.
References to "this chapter" in subchapters 1-8 and 10 may not apply to subchapters 9, 11, 12, and 13 which were enacted subsequently.

CROSS REFERENCES. Law enforcement officers, immunity from civil liability, § 23-60-111.

NOTES APPLICABLE TO ENTIRE SUBCHAPTER

A.C.R.C. NOTES. References to "this chapter" in subchapters 1-8, 10, and 13 may not apply to this subchapter which was enacted subsequently.

PUBLISHER'S NOTES. Former subchapter 11, concerning a deoxyribonucleic acid (DNA) database, was repealed by Acts 1997, No. 737, § 23. The subchapter was derived from the following sources:
12-12-1101. Acts 1995, No. 922, § 1.
12-12-1102. Acts 1995, No. 922, § 1.
12-12-1103. Acts 1995, No. 922, § 2.
12-12-1104. Acts 1995, No. 922, § 3.

Ark. Stat. Ann. § 12-12-1102 (2001)
§ 12-12-1102. Purpose

The General Assembly finds and declares that deoxyribonucleic acid (DNA) data banks are an important tool in criminal investigations, in the exclusion of individuals who are the subjects of criminal investigations or prosecutions, and in deterring and detecting recidivist acts. Several states have enacted laws requiring persons convicted of certain crimes, especially sexual offenses, to provide genetic samples for deoxyribonucleic acid (DNA) profiling. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations. It is therefore in the best interest of the State of Arkansas to establish a deoxyribonucleic acid (DNA) data base and a deoxyribonucleic acid (DNA) data bank containing deoxyribonucleic acid (DNA) samples submitted by individuals convicted of sex offenses and violent offenses.

HISTORY: Acts 1997, No. 737, § 2.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1103 (2001)
§ 12-12-1103. Definitions

As used in this subchapter:

(1) "Adjudication of guilt" and words of similar import mean a plea of guilty, a plea of nolo contendere, a negotiated plea, a finding of guilt by a judge, or a finding of guilt by a jury;

(2) (A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.

(B) The administration of criminal justice also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;

(3) (A) "CODIS" means the Federal Bureau of Investigation's national deoxyribonucleic acid (DNA) identification index system that allows the storage and exchange of deoxyribonucleic acid (DNA) records submitted by state and local forensic laboratories.

(B) The term is derived from Combined DNA Index System;

(4) "Criminal justice agency" means a government agency, or any subunit thereof, which is authorized by law to perform the administration of criminal justice, and which allocates more than one-half ( 1/2) its annual budget to the administration of criminal justice;

(5) (A) "DNA" means deoxyribonucleic acid.

(B) (i) Deoxyribonucleic acid (DNA) is located in the cells and provides an individual's personal genetic blueprint.

(ii) Deoxyribonucleic acid (DNA) encodes genetic information that is the basis of human heredity and forensic identification;

(6) (A) "Deoxyribonucleic acid (DNA) record" means deoxyribonucleic acid (DNA) identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of deoxyribonucleic acid (DNA) test results.

(B) The deoxyribonucleic acid (DNA) record is the result obtained from the deoxyribonucleic acid (DNA) typing tests.

(C) The deoxyribonucleic acid (DNA) record is composed of the characteristics of a deoxyribonucleic acid (DNA) sample which are of value in establishing the identity of individuals.

(D) The results of all deoxyribonucleic acid (DNA) identification tests on an individual's deoxyribonucleic acid (DNA) sample are also collectively referred to as the deoxyribonucleic acid (DNA) profile of an individual;

(7) "Deoxyribonucleic acid (DNA) sample" means a blood or tissue sample provided by any person with respect to offenses covered by this subchapter or submitted to the State Crime Laboratory for analysis or storage or both;

(8) "FBI" means the Federal Bureau of Investigation;

(9) "Repeat offense" means a second or subsequent adjudication of guilt in a separate criminal action for the commission of any misdemeanor or felony offense involving violence as set forth in Arkansas law, the law of another state, federal law, or military law;

(10) "Sex offense" means:

(A) (i) Rape -- § 5-14-103;

(ii) Carnal abuse in the first degree -- § 5-14-104;

(iii) Carnal abuse in the second degree -- § 5-14-105;

(iv) Carnal abuse in the third degree -- § 5-14-106;

(v) Sexual misconduct -- § 5-14-107;

(vi) Sexual abuse in the first degree -- § 5-14-108;

(vii) Sexual abuse in the second degree -- § 5-14-109;

(viii) Sexual solicitation of a child -- § 5-14-110;

(ix) Violation of a minor in the first degree -- § 5-14-120;

(x) Violation of a minor in the second degree -- § 5-14-121;

(xi) Incest -- § 5-26-202;

(xii) Engaging children in sexually explicit conduct for use in visual or print medium -- § 5-27-303;

(xiii) Transportation of minors for prohibited sexual conduct -- § 5-27-305;

(xiv) Employing or consenting to use of child in sexual performance -- § 5-27-402;

(xv) Producing, directing, or promoting sexual performance -- § 5-27-403;

(xvi) Promoting prostitution in the first degree -- § 5-70-104;

(xvii) Stalking -- § 5-71-229;

(B) An attempt, solicitation, or conspiracy to commit any of the offenses enumated in subdivision (10)(A) of this section; or

(C) A violation of any former law of this state which is substantially equivalent to any of the offenses enumerated insubdivision (10)(A) of this section; and

(11) "Violent offense" means:

(A) (i) Murder -- § 5-10-101, 5-10-102, or 5-10-103;

(ii) Manslaughter -- § 5-10-104;

(iii) Robbery -- § 5-12-102;

(iv) Aggravated robbery -- § 5-12-103;

(v) Battery in the first degree -- § 5-13-201;

(vi) Battery in the second degree -- § 5-13-202;

(vii) Aggravated assault -- § 5-13-204;

(viii) Terroristic threatening in the first degree -- § 5-13-301;

(ix) Domestic battering -- §§ 5-26-303 -- 5-26-305;

(x) Aggravated assault on family or household member -- § 5-26-306;

(xi) Engaging in a continuing criminal gang, organization, or enterprise -- § 5-74-104;

(xii) Kidnapping -- § 5-11-102;

(xiii) False imprisonment in the first degree -- § 5-11-103;

(xiv) Permanent detention or restraint -- § 5-11-106;

(B) An attempt, solicitation, or conspiracy to commit any of these enumerated offenses; or

(C) A violation of any former law of this state which is substantially equivalent to any of the offenses enumerated in subdivision (11)(A) of this section.

HISTORY: Acts 1997, No. 737, § 3.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1104 (2001)
§ 12-12-1104. Powers and duties of State Crime Laboratory

In addition to any other powers and duties conferred by this subchapter, the State Crime Laboratory shall:

(1) Be responsible for the policy management and administration of the state deoxyribonucleic acid (DNA) identification record system to support law enforcement agencies and other criminal justice agencies;

(2) Promulgate rules and regulations to carry out the provisions of this subchapter; and

(3) Provide for liaison with the Federal Bureau of Investigation and other criminal justice agencies in regard to the state's participation in CODIS or in any deoxyribonucleic acid (DNA) data base designated by the State Crime Laboratory.

HISTORY: Acts 1997, No. 737, § 4.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1105 (2001)
§ 12-12-1105. State DNA Data Base

(a) (1) There is established the State DNA Data Base.

(2) It shall be administered by the State Crime Laboratory and provide deoxyribonucleic acid (DNA) records to the Federal Bureau of Investigation for storage and maintenance in CODIS.

(b) The State DNA Data Base shall have the capability provided by computer software and procedures administered by the State Crime Laboratory to store and maintain deoxyribonucleic acid (DNA) records related to:

(1) Forensic casework;

(2) Offenders who are required to provide a deoxyribonucleic acid (DNA) sample under this subchapter;

(3) Offenders who were required to provide a deoxyribonucleic acid (DNA) sample under former § 12-12-1101 et seq. (repealed); and

(4) Anonymous deoxyribonucleic acid (DNA) records used for research or quality control.

HISTORY: Acts 1997, No. 737, § 5.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1106 (2001)
§ 12-12-1106. State DNA Data Bank

(a) There is established the State DNA Data Bank.

(b) It shall serve as the repository of deoxyribonucleic acid (DNA) samples collected under this subchapter.

HISTORY: Acts 1997, No. 737, § 6.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1107 (2001)
§ 12-12-1107. State Crime Laboratory recommendation of additional offenses.

(a) The State Crime Laboratory may recommend to the General Assembly that it enact legislation for the inclusion of additional offenses for which deoxyribonucleic acid (DNA) samples shall be taken and otherwise subjected to the provisions of this subchapter.

(b) In determining whether to recommend additional offenses, the State Crime Laboratory shall consider those offenses for which deoxyribonucleic acid (DNA) testing will have a substantial impact on the detection and identification of sex offenders and violent offenders.

HISTORY: Acts 1997, No. 737, § 7.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1108 (2001)
§ 12-12-1108. Procedural compatibility with the Federal Bureau of Investigation

The deoxyribonucleic acid (DNA) identification system as established by the State Crime Laboratory shall be compatible with the procedures specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software.

HISTORY: Acts 1997, No. 737, § 8.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1109 (2000)
STATUS: CONSULT SLIP LAWS CITED BELOW FOR RECENT CHANGES TO THIS DOCUMENT
LEXSEE 2001 Ark. ALS 218 -- See section 1.

§ 12-12-1109. DNA sample required upon adjudication of guilt

(a) Adjudication of guilt after August 1, 1997. A person who is adjudicated guilty or adjudicated delinquent for a sex offense, a violent offense, or a repeat offense on or after August 1, 1997, shall have a deoxyribonucleic acid (DNA) sample drawn as follows:

(1) (A) A person who is adjudicated guilty or adjudicated delinquent for a sex offense, a violent offense, or a repeat offense and sentenced to a term of confinement for that sex offense, violent offense, or repeat offense shall have a deoxyribonucleic acid (DNA) sample drawn upon intake to a prison, jail, juvenile detention facility, or any other detention facility or institution.

(B) If the person is already confined at the time of sentencing, the person shall have a deoxyribonucleic acid (DNA) sample drawn immediately after the sentencing.

(2) A person who is adjudicated guilty or adjudicated delinquent for a sex offense, a violent offense, or a repeat offense shall have a deoxyribonucleic acid (DNA) sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, juvenile detention facility, or any other detention facility or institution;

(3) A person who is acquitted on the grounds of mental disease or defect of the commission of a sex offense, a violent offense, or a repeat offense and committed to an institution or other facility shall have a deoxyribonucleic acid (DNA) sample drawn upon intake to that institution or other facility; and

(4) Under no circumstance shall a person who is adjudicated guilty or adjudicated delinquent for a sex offense, a violent offense, or a repeat offense be released in any manner after such disposition unless and until a deoxyribonucleic acid (DNA) sample has been drawn.

(b) Adjudication of guilt before August 1, 1997. A person who has been adjudicated guilty or adjudicated delinquent for a sex offense, a violent offense, or a repeat offense before August 1, 1997, and who is still serving a term of confinement in connection therewith on August 1, 1997, shall not be released in any manner prior to the expiration of his maximum term of confinement unless and until a deoxyribonucleic acid (DNA) sample has been drawn.

(c) Supervision of deoxyribonucleic acid (DNA) samples. All deoxyribonucleic acid (DNA) samples taken pursuant to this section shall be taken in accordance with regulations promulgated by the State Crime Laboratory in consultation with the Department of Correction, the Department of Community Punishment, the Department of Human Services, and the Administrative Office of the Courts.

HISTORY: Acts 1997, No. 737, § 9.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1110 (2001)
§ 12-12-1110. Procedures of withdrawal, collection, and transmission of DNA samples

(a) Drawing of deoxyribonucleic acid (DNA) samples.

(1) (A) Each deoxyribonucleic acid (DNA) sample required to be drawn pursuant to § 12-12-1109 from persons who are incarcerated shall be drawn at the place of incarceration or confinement as provided for in § 12-12-1109.

(B) Deoxyribonucleic acid (DNA) samples from persons who are not committed or sentenced to a term of confinement shall be drawn at another facility to be specified by the sentencing court.

(C) Only those individuals qualified to draw deoxyribonucleic acid (DNA) samples in a medically approved manner shall draw a deoxyribonucleic acid (DNA) sample to be submitted for analysis.

(2) In addition to the deoxyribonucleic acid (DNA) sample, a right thumbprint shall be taken from the person from whom the deoxyribonucleic acid (DNA) sample is drawn for the exclusive purpose of verifying the identity of the person.

(b) Delivery of deoxyribonucleic acid (DNA) samples. The deoxyribonucleic acid (DNA) sample and the right thumbprint provided for in subdivision (a)(2) of this section shall be delivered to the State Crime Laboratory in accordance with guidelines established by the State Crime Laboratory.

(c) Limitation on liability.

(1) Persons authorized to draw blood by this section shall not be criminally liable for drawing a deoxyribonucleic acid (DNA) sample and transmitting the deoxyribonucleic acid (DNA) sample pursuant to this subchapter if they perform these activities in good faith.

(2) Persons authorized to draw blood by this section shall not be civilly liable for such activities when the persons acted in a reasonable manner and according to generally accepted medical and other professional practices.

(d) Reasonable use of force.

(1) Authorized law enforcement and corrections personnel may employ reasonable force in cases where an individual refuses to submit to deoxyribonucleic acid (DNA) testing authorized under this subchapter.

(2) No such employee shall be criminally or civilly liable for the use of reasonable force.

(e) Refusal to provide deoxyribonucleic acid (DNA) sample. Any person who refuses to provide a deoxyribonucleic acid (DNA) sample required by this subchapter will receive no further sentence reduction from meritorious good time until such time as a sample is provided, and the Department of Correction shall notify the Post Prison Transfer Board regarding the refusal.

HISTORY: Acts 1997, No. 737, § 10.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

TITLE 12. LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS
SUBTITLE 2. LAW ENFORCEMENT AGENCIES AND PROGRAMS
CHAPTER 12. CRIME REPORTING AND INVESTIGATIONS
SUBCHAPTER 11. DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS

GO TO THE ARKANSAS CODE ARCHIVE DIRECTORY

A.C.A. § 12-12-1108 (2001)
§ 12-12-1108. Procedural compatibility with the Federal Bureau of Investigation

The deoxyribonucleic acid (DNA) identification system as established by the State Crime Laboratory shall be compatible with the procedures specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software.

HISTORY: Acts 1997, No. 737, § 8.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1112 (2001)
§ 12-12-1112. Receipt and analysis of DNA samples -- Availability of information

(a) Receipt of deoxyribonucleic acid (DNA) samples by State Crime Laboratory.

(1) The State Crime Laboratory shall receive deoxyribonucleic acid (DNA) samples, store, perform analysis or contract for deoxyribonucleic acid (DNA) typing analysis with a qualified deoxyribonucleic acid (DNA) laboratory that meets the guidelines as established by the State Crime Laboratory, classify and file the deoxyribonucleic acid (DNA) record of identification characteristic profiles of deoxyribonucleic acid (DNA) samples submitted under this subchapter, and make such information available from the State DNA Data Base as provided in this section.

(2) The State Crime Laboratory may contract out the storage of deoxyribonucleic acid (DNA) typing analysis and may contract out deoxyribonucleic acid (DNA) typing analysis to a qualified deoxyribonucleic acid (DNA) laboratory that meets guidelines as established by the State Crime Laboratory.

(b) The results of the deoxyribonucleic acid (DNA) profile of individuals in the State Data Base shall be made available:

(1) To criminal justice agencies or to approved crime laboratories which serve these agencies; or

(2) Upon written or electronic request and in furtherance of an official investigation of a criminal offense.

(c) Methods of obtaining information. The State Crime Laboratory shall adopt rules governing the methods of obtaining information from the State DNA Data Base and CODIS and procedures for verification of the identity and authority of the requester.

(d) Population data base.

(1) The State Crime Laboratory may create a separate population data base composed of deoxyribonucleic acid (DNA) samples obtained under this subchapter after all personal identification is removed.

(2) The State Crime Laboratory may share or disseminate the population data base with other criminal justice agencies or crime laboratories that serve to assist the State Crime Laboratory with statistical data bases.

(3) The population data base may be made available to and searched by other agencies participating in the CODIS system.

HISTORY: Acts 1997, No. 737, § 12.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1113 (2001)
§ 12-12-1113. Removal and destruction of the DNA record and DNA sample

(a) (1) Any person whose deoxyribonucleic acid (DNA) record has been included in the State DNA Data Base and whose deoxyribonucleic acid (DNA) sample is stored in the State DNA Data Bank may apply to any circuit court for removal and destruction of the deoxyribonucleic acid (DNA) record and deoxyribonucleic acid (DNA) sample on the grounds that the adjudication of guilt that resulted in the inclusion of the person's deoxyribonucleic acid (DNA) record in the State DNA Data Base or the inclusion of the person's deoxyribonucleic acid (DNA) sample in the State DNA Data Bank has been reversed and the case dismissed.

(2) A copy of the application for removal and destruction shall be served on the prosecutor for the county in which the adjudication of guilt was obtained not less than twenty (20) days prior to the date of the hearing on the application.

(3) A certified copy of the order reversing and dismissing the adjudication of guilt shall be attached to an order removing and destroying the deoxyribonucleic acid (DNA) record and deoxyribonucleic acid (DNA) sample insofar as its inclusion rests upon that adjudication of guilt.

(b) (1) Upon receipt of an order of removal and destruction and unless otherwise provided, the State Crime Laboratory shall purge the deoxyribonucleic acid (DNA) record and other identifiable information from the State DNA Data Base and the deoxyribonucleic acid (DNA) sample stored in the State DNA Data Bank covered by the order.

(2) If the entry in the data base reflects more than one (1) adjudication of guilt, that entry shall not be removed and destroyed unless and until the person has obtained an order of removal and destruction for each adjudication of guilt on the grounds contained in subsection (a) of this section.

(3) If one (1) of the bases for inclusion in the State DNA Data Base was other than adjudication of guilt, that entry shall not be subject to removal and destruction.

HISTORY: Acts 1997, No. 737, § 13.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1114 (2001)
§ 12-12-1114. Confidentiality

All deoxyribonucleic acid (DNA) profiles and samples submitted to the State Crime Laboratory pursuant to this subchapter shall be treated as confidential except as otherwise provided in this subchapter.

HISTORY: Acts 1997, No. 737, § 14.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1115 (2001)
§ 12-12-1115. Prohibition against disclosure

(a) (1) Any person who by virtue of employment, or official position, or any person contracting to carry out any functions under this subchapter, including any officers, employees, and agents of such contractor, who has possession of, or access to, individually identifiable deoxyribonucleic acid (DNA) information contained in the State DNA Data Base or State DNA Data Bank shall not disclose it in any manner to any person or agency not entitled to receive it knowing that such person is not entitled to receive it.

(2) No person shall obtain individually identifiable deoxyribonucleic acid (DNA) information from the State DNA Data Base or the State DNA Data Bank without authorization to do so.

(b) Any person who knowingly violates this section is guilty of a Class A misdemeanor.

HISTORY: Acts 1997, No. 737, § 15.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1116 (2001)
§ 12-12-1116. Prohibition against disclosure for pecuniary gain

Any person who by virtue of employment, or official position, or any person contracting to carry out any functions under this subchapter, including any officers, employees, and agents of such contractor, who has possession of, or access to, individually identifiable deoxyribonucleic acid (DNA) information contained in the State DNA Data Base or State DNA Data Bank and who for pecuniary gain for such person or for any other person discloses it in any manner to any person or agency not authorized to receive it commits a Class A misdemeanor.

HISTORY: Acts 1997, No. 737, § 16.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

A.C.A. § 12-12-1117 (2001)
§ 12-12-1117. Injunctions

The State Crime Laboratory or any other aggrieved individual or agency may institute an action in a court of competent jurisdiction against any person, agency, or organization to enjoin any criminal justice agency, noncriminal justice agency, organization, or individual from violating the provisions of this subchapter or to compel such agency, organization, or person to comply with the provisions of this subchapter.

HISTORY: Acts 1997, No. 737, § 17.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

A.C.A. § 12-12-1118 (2001)
§ 12-12-1118. Mandatory cost

Unless finding that undue hardship would result, the sentencing court shall assess at the time of sentencing a mandatory fine of not less than two hundred fifty dollars ($250) on any person who is required to provide a deoxyribonucleic acid (DNA) sample under this subchapter.

HISTORY: Acts 1997, No. 737, § 18.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

Ark. Stat. Ann. § 12-12-1119 (2001)
§ 12-12-1119. DNA Detection Fund

(a) There is hereby established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the "DNA Detection Fund".

(b) This fund shall consist of special revenues collected pursuant to § 12-12-1118 there to be used by the State Crime Laboratory for the administration of this subchapter.

HISTORY: Acts 1997, No. 737, § 19.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

TITLE 12. LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS
SUBTITLE 2. LAW ENFORCEMENT AGENCIES AND PROGRAMS
CHAPTER 12. CRIME REPORTING AND INVESTIGATIONS
SUBCHAPTER 11. DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS

GO TO THE ARKANSAS CODE ARCHIVE DIRECTORY

A.C.A. § 12-12-1120 (2001)
§ 12-12-1120. Authority of law enforcement officers

Nothing in this subchapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize deoxyribonucleic acid (DNA) samples for law enforcement purposes.

HISTORY: Acts 1997, No. 737, § 20.

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title.

TITLE 19. PUBLIC FINANCE
CHAPTER 6. REVENUE CLASSIFICATION LAW
SUBCHAPTER 3. SPECIAL REVENUES

GO TO THE ARKANSAS CODE ARCHIVE DIRECTORY

A.C.A. § 19-6-301 (2000)
STATUS: CONSULT SLIP LAWS CITED BELOW FOR RECENT CHANGES TO THIS DOCUMENT
LEXSEE 2001 Ark. ALS 229 -- See sections 5 and 7.

§ 19-6-301. Special revenues enumerated

The special revenues of the state, its agencies, departments, institutions, commissions, and boards, as provided by law and as required by law to be deposited in the State Treasury, shall consist of the following, as described by their commonly known titles:

(1) The remainder of motor vehicle operator and chauffeur licenses and penalties, as confirmed and enacted by §§ 12-8-301 -- 12-8-310, known as the "Department of Arkansas State Police Communications Equipment Leasing Act", which are not required for debt service requirements that are authorized to be deposited in the State Treasury under the provisions of §§ 12-8-307 -- 12-8-310;

(2) Motor vehicle registration and license fees, as enacted by Act 65 of 1929, §§ 26-55-101, 27-14-305, 27-14-601, 27-15-1501, 27-64-104, 27-65-101, 27-65-107, 27-65-110, 27-65-112, 27-65-131 -- 27-65-133, 27-67-101, 27-67-102, 27-67-201, 27-67-206 -- 27-67-208, 27-67-211, 27-67-214, and 27-67-218, and all laws amendatory thereto, Act 87 of 1965, § 27-15-4001, Act 122 of 1959, § 27-15-2101, Act 189 of 1959, § 27-15-2003, and Act 36 of 1969, §§ 27-15-401 -- 27-15-406;

(3) Distillate special motor fuels taxes and liquefied gas special motor fuels taxes and license and permit fees, as enacted by § 26-56-101 et seq., known as the "Special Motor Fuels Tax Law", and all laws amendatory thereto, including the nine and one-half cent (9.5¢) tax on distillate special motor fuels levied by § 26-56-201(a)(1), the seven and one-half cent (7.5¢) tax on liquefied gas special motor fuels levied by § 26-56-301(a), the additional one cent (1¢) tax on distillate special motor fuels levied by § 26-56-201(a)(2), the additional four cent (4¢) tax on liquefied gas special motor fuels and the additional two cent (2¢) tax on distillate special motor fuels levied by § 26-56-502(a), the additional four cent (4¢) tax on distillate special motor fuels levied by § 26-56-201(d)(1), the additional five cent (5¢) tax on liquefied gas special motor fuels and the additional two cent (2¢) tax on distillate special motor fuels levied by §§ 26-55-1201(a) and 26-56-601, and the additional liquefied gas special motor fuels user permit fees levied in § 26-55-1002;

(4) Gasoline taxes, as enacted by § 26-55-201 et seq., including the eight and one-half cent (8.5¢) tax on motor fuels levied by § 26-55-205(a), the additional one cent (1¢) tax on motor fuels levied by § 26-55-205(b), the additional four cent (4¢) tax on motor fuels levied by § 26-55-1002(a), and the additional five cent (5¢) tax on motor fuels levied by §§ 26-55-1201(a) and 26-56-601;

(5) Fireworks licenses, as enacted by Act 224 of 1961, and all laws amendatory thereto, §§ 20-22-701 -- 20-22-715;

(6) Timberlands taxes, as enacted by Act 354 of 1969, known as the "Forest Fire Protection Tax Act of 1969", and all laws amendatory thereto, § 26-61-101 et seq., state forests and nurseries management income not deposited in the State Forestry Trust Fund, §§ 15-31-115 and 19-5-927; law enforcement fine collections, §§ 5-38-201, 15-31-113, and 15-31-114; and timber management plan fees, § 15-31-111;

(7) Motor vehicle in-transit fees, as enacted by Act 183 of 1935, and all laws amendatory thereto, §§ 27-14-1801 -- 27-14-1808;

(8) Motor vehicle drive-out licenses, as enacted by Act 111 of 1955, §§ 27-14-2101 -- 27-14-2105;

(9) Motor vehicle certificates of title and duplicates, noting liens, transfer of registration and duplicate or substitute registration certificates and license plates, § 27-14-602, in excess of and after the amounts required to pay the principal and interest on loans and bonds have been made under the 1995 New Revenue Division Building Act, Act 725 of 1995 [see Publisher Note];

(10) Overweight and special permits for vehicles and overlength crane permits, as enacted by Act 98 of 1955, and all laws amendatory thereto, §§ 27-35-201 -- 27-35-203, 27-35-206 -- 27-35-208, and 27-35-210; and, overwidth or overlength mobile home permits, as enacted by Act 264 of 1971, and all laws amendatory thereto, §§ 27-35-211 and 27-35-301 et seq.;

(11) Motor vehicle title registration fees and the noting of liens fees, as enacted by Act 142 of 1949, known as the "Uniform Motor Vehicle Administration, Certificate of Title, and Antitheft Act", and all laws amendatory thereto, §§ 27-14-101 et seq., 27-14-201 et seq., 27-14-301 -- 27-14-304, 27-14-306 -- 27-14-308, 27-14-310, 27-14-312, 27-14-313, 27-14-401 et seq., 27-14-602, 27-14-604, 27-14-606, 27-14-701, 27-14-703, 27-14-705, 27-14-707, 27-14-708, 27-14-710 -- 27-14-716, 27-14-718 --27-14-722, 27-14-801 -- 27-14-804, 27-14-901 -- 27-14-904, 27-14-905 [repealed], 27-14-906 -- 27-14-913, 27-14-1701 et seq., 27-14-2001 et seq., 27-14-2203 -- 27-14-2205, 27-14-2207, 27-14-2210, and 27-14-2211, which are in excess of the amount required by Act 38 of the First Special Session of 1961, known as the "Arkansas Revenue Department Building Act", to be cash funds pledged for the principal and interest payments of the Revenue Department Building Commission revenue bonds;

(12) Soybean assessments, as enacted by Act 259 of 1971, §§ 2-20-401, 2-20-403, 2-20-404, and 2-20-406 -- 2-20-409;

(13) Paying patients' fees, excluding those received from Medicare or Medicaid and the Social Security Administration, or from other sources which cause a decrease in the monthly vendor payment, for services provided by the appropriate Mental Health Services and Developmental Disabilities Services divisions and programs of the Department of Human Services;

(14) Fees received by the Arkansas Crime Information Center for driver's records and other informational services, as enacted by Act 286 of 1971, and all laws amendatory thereto, §§ 12-12-201 -- 12-12-203, 12-12-206, 12-12-207, 12-12-209, and 12-12-211 -- 12-12-213;

(15) Dog racing taxes derived from all revenues from the pari-mutuel tax of fifteen (15) additional days of dog races authorized by §§ 23-111-502 -- 23-111-505, and all laws amendatory thereto;

(16) Dog racing taxes derived from two-thirds (2/3) of the net proceeds of three (3) additional days of dog races at each meet, as authorized by §§ 23-111-502 -- 23-111-505, and all laws amendatory thereto;

(17) Aviation sales and use taxes, as enacted by Act 449 of 1967, and all laws amendatory thereto, § 27-115-110;

(18) Revenue received from saw timber and timber products severance taxes and twenty-five percent (25%) of all other severance taxes, as enacted by Act 136 of 1947, and all laws amendatory thereto, §§ 26-58-101 -- 26-58-103, 26-58-106 -- 26-58-111, 26-58-114 -- 26-58-116, 26-58-118 -- 26-58-120, 26-58-123, and 26-58-124;

(19) Motor fuel tax forms, including books and decals, as enacted by Act 376 of 1967, § 26-55-713;

(20) Motor boat registration fees, as enacted by Act 453 of 1959, and all laws amendatory thereto, §§ 27-101-101 -- 27-101-109, 27-101-201 et seq., 27-101-301 -- 27-101-306, and 27-101-308 -- 27-101-312;

(21) Three percent (3%) municipal taxes, which are further identified as the three percent (3%) collection cost of the one percent (1%) gross receipts tax levied by a city having a population of not more than thirty thousand (30,000) persons that has been designated as a model city, as authorized by Act 4 of the First Extraordinary Session of 1968, and all laws amendatory thereto, §§ 26-75-501 -- 26-75-507;

(22) Drivers' search fees, as enacted by Act 465 of 1977, and all laws amendatory thereto, §§ 27-50-901 -- 27-50-903, and 27-50-905 -- 27-50-911, and Act 241 of 1989, §§ 27-23-118(b)(2) and 27-23-118(c)(2);

(23) Excess athletic commission fees, as enacted by Act 131 of 1927, §§ 17-22-201 -- 17-22-204, 17-22-301 -- 17-22-303, and 17-22-305;

(24) Private career education school licenses and fees, as enacted by Act 906 of 1989, and all laws amendatory thereto, §§ 6-51-601 -- 6-51-617;

(25) Elevator safety board fees, as enacted by Act 189 of 1963, and all laws amendatory thereto, §§ 20-24-101 -- 20-24-117, and 20-24-119;

(26) Net proceeds derived from the sale of pine grown on state highway rights-of-way or other highway related areas, as enacted by Act 696 of 1983, § 22-5-101;

(27) Insurance premium taxes collected from foreign insurers and domestic insurers on insurance premiums upon property insured against fire and extended coverage, tornado, windstorm, cyclone, and hail located in cities, towns, and fire protection districts which have organized fire departments which qualify for the firemen's relief and pension funds, as enacted by Act 148 of 1959, and all laws amendatory thereto, §§ 23-60-101 -- 23-60-108, 23-60-110, 23-61-101 -- 23-61-112, 23-61-201 -- 23-61-206, 23-61-301 -- 23-61-307, 23-61-401, 23-61-402, 23-62-101 -- 23-62-108, 23-62-201, 23-62-202, 23-62-203 [repealed], 23-62-204, 23-62-205, 23-63-101 -- 23-63-104, 23-63-201 -- 23-63-216, 23-63-301, 23-63-302, 23-63-401 -- 23-63-404 [repealed], 23-63-601 -- 23-63-613, 23-63-701, 23-63-801 -- 23-63-833, 23-63-835 -- 23-63-838, 23-63-901 -- 23-63-912, 23-63-1001 -- 23-63-1004, 23-64-101 -- 23-64-103, 23-64-202 -- 23-64-227, 23-64-228 [transferred], 23-64-229 [transferred], 23-65-101 -- 23-65-104, 23-65-201 -- 23-65-205, 23-65-301 -- 23-65-319, 23-66-201 -- 23-66-214, 23-66-301 -- 23-66-306, 23-66-308 -- 23-66-311, 23-66-313, 23-66-314, 23-68-101 -- 23-68-113, 23-68-115 -- 23-68-132, 23-69-101 -- 23-69-103, 23-69-105 -- 23-69-141, 23-69-143, 23-69-149 -- 23-69-156, 23-70-101 -- 23-70-124, 23-71-101 -- 23-71-116, 23-72-101 -- 23-72-122, 23-73-101 -- 23-73-107, 23-73-108 [repealed], 23-73-109 [repealed], 23-73-110 -- 23-73-116, 23-75-101 -- 23-75-120, 23-79-101 -- 23-79-106, 23-79-109 -- 23-79-128, 23-79-131 -- 23-79-134, 23-79-202 -- 23-79-210, 23-81-101 -- 23-81-117, 23-81-120 -- 23-81-136, 23-81-201 -- 23-81-213, 23-82-101 -- 23-82-118, 23-84-101 -- 23-84-111, 23-85-101 -- 23-85-131, 23-86-101 -- 23-86-104, 23-86-106 -- 23-86-109, 23-86-112, 23-87-101 -- 23-87-119, 23-88-101, 23-89-101, 23-89-102, 26-57-60