Section 36-18-24


Published: 2015

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Section 36-18-24

Section 36-18-24DNA database.

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



(1) 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.



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



(3) Creating and maintaining DNA quality control standards.



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



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



(b) 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:



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



(2) 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.



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



(4) 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.



(5) 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.



(6) Subject to subdivision (3) of subsection (c) of Section 36-18-25, persons arrested on or after October 1, 2010, for any felony offense or for any sexual offense including, but not limited to, those that would require registration pursuant to the Community Notification Act, Article 2, commencing with Section 15-20-20, of Chapter 20, Title 15.

(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §5; Act 2009-768, p. 2355, §2.)