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9 AVRIL 2017. - An Act to amend the Act of December 21, 2013 concerning the creation of a DNA data bank "Disappeared persons" (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Section 44ter of the Code of Criminal Investigation, last amended by the Act of 21 December 2013, is supplemented by the 10th drafted as follows:
"10° the parent or ally of a missing person: the ascendant, the descendant, the other biological parent of a child, the collateral."
Art. 3. Section 44s of the same Code, inserted by the Act of 21 December 2013, is replaced by the following:
"Art. 44s. § 1^er. The Crown Prosecutor may, with the written agreement of a parent or ally of a missing person who has reached the age of sixteen, or his or her legal representative or guardian ad hoc, if it is a minor under sixteen years of age, order the removal of a reference sample from that parent or ally.
This agreement can only be validly given if the King's Prosecutor or a judicial police officer, auxiliary to the King's Prosecutor, has previously informed the concerned parent or ally:
1° of the circumstances of the case under which the removal is requested;
2°, if any, of the comparison of its DNA profile with the DNA profile of useful discoveries;
3° of the recording of its DNA profile in the DNA data bank "Disappeared persons";
4° of the systematic comparison of its DNA profile with the DNA profiles registered in national and foreign DNA data banks, with the exclusive aim of allowing to identify directly or indirectly unknown deceased persons or to facilitate the search for missing persons;
5° in case of a positive connection with one of the DNA profiles referred to in 4°, of the registration of this link.
This information is referred to in the written agreement of the interested party.
§ 2. The collection, the establishment of the DNA profile of the reference sample, the comparison of the DNA profiles, the transmission of the result to the King's prosecutor, the notification of the result to the interested party, the counter-expertise and the destruction of the reference sample and the drifting samples containing DNA are carried out in accordance with Article 44quinquies, §§ 2 to 6 and § 9.
The quality of a missing person's parent or alloy is communicated to the DNA profile comparison expert.
§ 3. If the parent has reached the age of sixteen, the minor parent or ally must be accompanied for the purposes of paragraphs 1^er and 2, by at least one of his parents, by a lawyer or by another person of his or her choice.
If the parent or ally has not reached the age of sixteen, the agreement referred to in paragraph 1^er must be given by its legal representative. The latter also assists the minor for the purposes of paragraph 2. If the King's Prosecutor or, where applicable, the investigating judge considers that there are conflicting interests, he or she may appoint an ad hoc guardian to represent and assist the minor for the purposes of paragraphs 1^er and 2.
§ 4. Unless otherwise decided by the King's Prosecutor, the expert who was responsible for establishing the DNA profile of the reference sample pursuant to paragraph 2 shall, within fifteen days after the transmission of his report, communicate the DNA profile to the manager of the national DNA data banks, for the purposes of Article 5quater, §§ 1^er3, 4 and 5 of the Act of 22 March 1999 on the procedure for DNA identification in criminal matters. ".
Art. 4. Section 2 of the Act of 22 March 1999 on the procedure for identifying DNA in criminal matters, last amended by the Act of 21 December 2013, is supplemented by a 13° written as follows:
"13° the parent or ally of a missing person: the ascendant, the descendant, the other biological parent of that child, the collateral."
Art. 5. In section 4bis of the Act, inserted by the Act of December 21, 2013, the following amendments are made:
1° in paragraph 1^er, the 2° is replaced by the following:
"2° the DNA profiles of the reference samples of a parent or ally of a missing person, transmitted in accordance with Article 44septies, § 4, of the Code of Criminal Investigation";
2° in paragraph 2, paragraph 2 is repealed.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, 9 April 2017.
PHILIPPE
By the King:
Seal of the State Seal:
The Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-1952
Full report: 15 March 2017