* Deoxyribonucleic Acid (Dna) Identification Act 2009

Original Language Title: * Deoxyribonucleic Acid (DNA) Identification Act 2009

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Laws of MALAYSIA _ _ _ _ _ _ _ _ _ _ _ _ _ ONLINE VERSION of the PRINT TEXT that UPDATE _ _ _ _ _ _ _ _ _ _ _ _ _ Act 699 ACT SOUND DEOKSIRIBONUKLEIK ACID (DNA) 2009 As at 1 August 2015 2 ACT SOUND DEOKSIRIBONUKLEIK ACID (DNA) 2009 date of Assent......... August 19, 2009, the date of publication in the Gazette......... 3 September 2009 3 laws of MALAYSIA Act 699 ACT SOUND DEOKSIRIBONUKLEIK ACID (DNA) 2009 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II FORENSIC DNA DATA BANK MALAYSIA 3. The establishment of the DNA Data Bank 4. The objective of the DNA Data Bank 5. The function of the DNA Data Bank 6. Minister's power to name the agency or body to conduct DNA forensic analysis PART III DNA DATA BANK CHIEF, Deputy Chief and OFFICER DATA BANK DNA DATA BANK DNA 7. DNA Data Bank appointment of Chief, Deputy Chief and other officers 8. Functions and powers of the head of the DNA Data Bank 9. Correction of details in profile and DNA information 10. Power of Minister to give directions 11. Access to the profile or information DNA 4 laws of Malaysia ACT 699 PART IV ACQUISITION, storage, DISPOSAL of INTIMATE and NON-INTIMATE SAMPLES and DNA INFORMATION and PROFILE DELETION of section 12. Intimate sample intake 13. Recruitment of non-intimate samples 14. Samples given voluntarily 15. DNA prisoner samples 16. Storage and disposal of intimate samples and samples not intimate 17. Elimination of profile information and DNA of the suspect part V OFFENCES 18. The offence of aiding and abetting or attempt to interfere with, harm the sample 19. Use or disclosure without consent of the profile or DNA information 20. Obligations of confidentiality 21. The offence of disturbing, aiding and abetting or attempt to interfere with the DNA profile or PART VI GENERAL information 22. Cooperation with foreign law enforcement 23. Protection against any legal proceedings 24. Regulations 25. Savings and transitional 5 laws of MALAYSIA Act 699 ACT SOUND DEOKSIRIBONUKLEIK ACID (DNA) 2009 an act to provide for the establishment of the forensic DNA Data Bank Malaysia, taking DNA samples, DNA forensic analysis, the use of DNA profile and any information relating thereto, and for matters connected therewith.

[1 September 2012]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Act Sound Deoksiribonukleik Acid (DNA) 2009.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.


Interpretation 2. In this Act, unless the context otherwise requires — 6 laws of Malaysia ACT 699 "chemist" means any member of the chemical which is housed in the Department of chemistry and includes any officer of science which is housed in the Department of chemistry;

"forensic DNA analysis" means any analysis undertaken for the purpose of determining the identity of a person;

"DNA Data Bank" means the DNA Data Bank Malaysia Forensics established under section 3;

"prescribed" means prescribed by the Minister by regulations made under this Act;

"DNA" means acid deoksiribonukleik;

"the relevant permissions" means — (a) in relation to a person under the age of eighteen years, the consent in writing of the parent or guardian;

(b) in relation to a person who has attained the age of eighteen years, the consent in writing of that person; or (c) in relation to those at which there is a State of mind or body development is stunted or not perfect either situation exists of inherited or caused by illness or injury and someone who is unable to understand the nature and effect of forensic DNA analysis of a general or unable to show whether he allows or does not allow to give an intimate sample or a non-sample intimnya permission in writing, the parent or guardian;

"error" means any act or omission punishable by any written law for the time being in force;

Sound Deoksiribonukleik Acid (DNA) 7 "DNA Data Bank Chief" means the Chief forensic DNA Data Bank Malaysia appointed under section 7;

"Minister" means the Minister charged with the responsibility for Homeland Security;

"detainee" means a person who is arrested and detained under the Emergency (public order and prevention of crime) 1969 [Ord. 5/1969] or Act dangerous drugs (Special preventive measures) 1985 [Act 316];

"authorized officer" means any police officer not below the rank of Deputy Superintendent of police;

"Government medical officer" means a registered medical practitioner in public service and includes any person registered medical practitioner in any hospital medical trainees a University established under the universities and University Colleges Act 1971 [Act 30];

"police officer" means any member of the Royal Malaysian Police;

"drug abusers" means a person who is subject to any order or decision made pursuant to the Act drug dependents (treatment and rehabilitation) 1983 [Act 283];

"DNA profile" means the genetic information derived from a forensic DNA analysis;

"non-intimate sample" means — (a) a sample of feathers on top of pubic-ari;
(b) a sample taken from a nail or from under the nail;

(c) a test material is taken from any part of the body of someone other than parts thereof taken reagents will be an intimate sample; or 8 laws of Malaysia ACT 699 (d) saliva;
"intimate samples" means — (a) a sample of blood, semen or any other tissue or fluids taken from the body, urine or dander ari-ari someone; or (b) a test material is taken from any part of the genital of a person (including pubic-ari) or from someone other than the mouth hole body.

PART II DATA BANK DNA FORENSIC DNA Data Bank the establishment of MALAYSIA 3. (1) a DNA data bank with the name "forensic DNA Data Bank Malaysia" was established.

(2) a DNA Data Bank shall be under the management, control and supervision of the head of the DNA Data Bank.


(3) the DNA Data Bank shall consist of the following: (a) the crime scene index shall contain DNA profile and any information relating to it obtained from a sample of intimate or non-intimate samples found — (i) on any article or in any place of an offence committed;

(ii) on or in the body of the victim of an offence;
Sound Deoksiribonukleik Acid (DNA) 9 (iii) on any article worn or carried by the victim of an offence at the time of the offence committed; or (iv) on or in the body of any person reasonably suspected of having committed an offence;

(b) the suspect index shall contain DNA profile and any information relating to it obtained from a sample of intimate or non-intimate samples taken from people who are reasonably suspected to have committed an offence and includes a suspect has not been charged in any court for any offence;

(c) a convicted offender index shall contain DNA profile and any information relating to it obtained from a sample of intimate or non-intimate samples taken from people who have been convicted of any offence under any written law;

(d) the detainee index shall contain DNA profile and any information relating to it obtained from a sample of intimate or non-intimate samples taken from detainees;

(e) drug addicts index shall contain DNA profile and any information relating to it obtained from a sample of intimate or non-intimate samples taken from drug addicts;

(f) missing person index shall contain a DNA profile and any information relating to it obtained from a sample of intimate or non-intimate samples taken of — (i) the body or parts of the body of the dead could not be identified;
10 laws of Malaysia ACT 699 (ii) any article worn or carried by the person who lost it; or (iii) the beneficiary the person missing kadim if required; and (g) voluntary index shall contain DNA profile and any information relating to it obtained from a sample of intimate or non-intimate samples taken from people with voluntary submit samples or samples not intimate intimnya for the purpose of storage of DNA information in the DNA Data Bank and for any other purposes referred to in paragraph 15 (2) (a).


The objective of the DNA Data Bank 4. (1) the main objective of the DNA Data Bank is to keep and maintain the index referred to in subsection 3 (3) for the purposes of identification of human beings in relation to forensic investigations.

(2) in addition to subsection (1), the DNA profile and any information relating thereto which are stored and maintained in the DNA Data Bank can be used to help — (a) in the discovery or identification of the human body from a disaster or for humanitarian purposes;
and (b) the identification of the person who is alive or dead.


The function of the DNA Data Bank 5. The function of the DNA Data Bank is to store DNA profile and any information relating thereto of any Sound Deoksiribonukleik Acid (DNA) 11 forensic DNA analysis carried out by the Department of chemistry or Forensic Laboratory of the Royal Malaysian police, or any body or agency as may be nominated by the Minister from time to time by order published in the Gazette.


Minister's power to name the agency or body to conduct DNA forensic analysis 6. (1) the Minister's power to name any agencies or bodies to conduct DNA forensic analysis under section 5 shall only be carried out if the Department of chemistry or Forensic Laboratory of the Royal Malaysian Police was unable to conduct any DNA forensic analysis.

(2) the Minister may, in the order mentioned in section 5, States that DNA forensic analysis to be carried out by the agency or body named shall only for the purposes referred to in subsection 4 (2) subject to such terms and conditions as may be subject to the Minister.

PART III GENERAL DATA BANK DNA DATA BANK, Deputy Chief OFFICER of DNA and the DNA DATABANK Data Bank DNA appointment of Chief, Deputy Chief and other officers 7. (1) the Minister shall appoint a public officer who shall have the qualifications and experience in the science of DNA Data Bank DNA as the head for such period and upon such terms and conditions as may be specified in the instrument of appointment.

(2) the Minister shall appoint a public officer who shall have the qualifications and experience in DNA science as Deputy Head of the DNA Data Bank as may be necessary for the purposes of this Act, which shall be subject to control and 12 laws of Malaysia ACT 699 command Chief DNA Databank and may exercise the powers and perform the functions of the head of the DNA Data Bank under this Act.

(3) the Minister shall appoint such number of DNA Data Bank officers as may be necessary for carrying out the purposes of this Act of a public officer shall be subject to control, direction and supervision of the head of the DNA Data Bank.

(4) the head of the DNA Data Bank can be in writing, subject to such conditions, limitations or restrictions as it thinks fit to impose, delegate all or any of the powers or functions under this Act to a Deputy Head of the DNA Data Bank or to the Bank officer DNA Data.

(5) a delegation under subsection (4) may be cancelled at any time by the head of the DNA Data Bank and does not preclude the head of DNA Databank of the exercise of the powers or perform the functions delegated under that subsection.


Functions and powers of the head of the DNA Data Bank 8. (1) the head of the DNA Data Bank shall have the following functions: (a) be responsible for the conduct of general management and administration of the DNA Data Bank;

(b) to establish mechanisms to facilitate the acquisition, storage and dissemination of data relating to DNA profile and any information relating thereto which are stored in the DNA Data Bank;

(c) to ensure that the DNA profile and any information relating thereto are stored safely and remain secret;

(d) to keep and delete samples of intimate and non-intimate samples taken for the purpose of Sound analysis of Deoksiribonukleik Acid (DNA) 13 forensic DNA in accordance with the provisions of this Act and as may be prescribed;


(e) to cooperate with law enforcement agencies foreign according to provisions of this Act; and (f) to perform any other functions conferred by or under this Act and perform such other functions as in addition, incidental or consequential to any of the functions described in this section or in accordance with the objectives of the DNA Data Bank.

(2) the head of the DNA Data Bank shall have all the powers necessary for, or in connection with, or incidental to, the performance of its functions under this Act.


Correction of details in profile and DNA information 9. (1) the head of the DNA Data Bank shall be entitled to correct details in the DNA profile and any information relating thereto if — (a) a keystroke error has occurred; and (b) sufficient evidence presented for satisfaction of the DNA Data Bank Chief that the entry is incorrect, and in making the correction he shall, if necessary, issue to the person who is entitled to the information derived from the analysis of samples taken from it, the details corrected that.

(2) the powers under this section shall be exercised by the head of the DNA Data Bank on their own.

(3) any correction made pursuant to this section shall not be construed as an act of disturbing, aiding and abetting 14 laws of Malaysia ACT 699 or try to disrupt any DNA profile or any information relating thereto contained in DNA Data Banks referred to in section 21.


Power of Minister to give directions 10. The Minister may provide to the head of the DNA Data Bank, of a general directive in accordance with the provisions of this Act relating to the implementation of its functions and the exercise of the powers of the head of the DNA Data Bank and head of the DNA Data Bank shall give effect to such directions.


Access to profiles or DNA information 11. (1) access to information about or use of DNA profiles or any information relating thereto which are stored in the DNA Data Bank by the head of the DNA Data Bank, Deputy Head of the DNA Data Bank, Bank officer DNA Data and any chemist shall be only for the purpose of — (a) Forensic comparison with any profile or other DNA information in the investigation of any offence which is carried out by any enforcement agency;

(b) administer the DNA Data Bank; or (c) making such information available to the person to whom the information relates.

(2) for the avoidance of doubt, access to information about or use of DNA profiles or any information relating thereto under subsection (1) by a chemist must be only for the purpose mentioned in paragraph (a) of that subsection.



Sound Deoksiribonukleik Acid (DNA) 15 PART IV ACQUISITION, storage, DISPOSAL of INTIMATE and NON-INTIMATE SAMPLES and the ELIMINATION of PROFILE INFORMATION and DNA sample Intake intimate 12. (1) the procedure for the recruitment of an intimate sample of any person under this Act shall be in accordance with the provisions of this section and as may be prescribed.

(2) an intimate sample — (a) a person who is reasonably suspected to have committed an offence;

(b) the detainee; or (c) drug addicts, can be taken for forensic DNA analysis only if — (A) an authorized officer allows the intimate samples taken; and (B) a consent may be in the prescribed form given by the person from whom an intimate sample will be taken.

(3) subject to a consent may be given under subparagraph (2) (B), a person authorized officers can only provide the truth under subparagraph (2) (A) if — (a) he has reasonable grounds for — (i) suspect that the person from whom an intimate sample is to be taken has committed an offence; and 16 laws of Malaysia ACT 699 (ii) believe that samples that are of interest to verify or prove the contrary conduct offence by that person;

(b) an arrest has been made or a detention order has been made against detainees; or (c) an order or decision made in accordance with the Act drug dependents (treatment and rehabilitation) 1983 against a drug addicts.

(4) An authorized officer — (a) shall give the truth under subsection (3) in writing; or (b) if it is impracticable to comply with paragraph (a), can provide such permission verbally, in that case he must confirm it in writing as soon as possible.

(5) a person from whom an intimate sample taken shall be entitled to information derived from the analysis of samples taken from it.

(6) an intimate samples shall be taken only by a Government medical officer.


Recruitment of non-intimate samples 13. (1) the procedure for taking a non-intimate sample of any person under this Act shall be in accordance with the provisions of this section and as may be prescribed.

(2) a non-intimate sample — (a) a person who is reasonably suspected to have committed an offence;
Sound Deoksiribonukleik Acid (DNA) 17 (b) detainees; or (c) drug addicts, can only be taken if an officer is empowered to authorize a non-intimate sample is taken.

(3) An authorized officer may only give the truth under subsection (2) where — (a) he has reasonable grounds for — (i) suspect that the person from whom a non-intimate sample is to be taken has committed an offence; and (ii) believe that samples that are of interest to verify or prove the contrary conduct offence by that person;

(b) an arrest has been made or a detention order has been made against detainees; or (c) an order or decision made in accordance with the Act drug dependents (treatment and rehabilitation) 1983 against someone drug addicts.

(4) An authorized officer — (a) shall give the truth under subsection (2) in writing; or (b) if it is impracticable to comply with paragraph (a), can provide such permission verbally, in that case he must confirm it in writing as soon as possible.

(5) a person from whom a non-intimate sample taken shall be entitled to information derived from the analysis of samples taken from it.
18 laws of Malaysia ACT 699 (6) a non-intimate sample is to be taken only by —


(a) a Government medical officer; or (b) a police officer or a member of the chemical.
(7) If a person from whom a non-intimate sample is to be taken under this Act refuse to give the sample or refuse to allow the samples taken from him without good reason or the sample could not be obtained despite all reasonable efforts are taken, the person can be brought before a magistrate and the magistrate may, if satisfied that there is reasonable cause to believe that the samples may tend to confirm or prove the contrary conduct offence for that person , order that person to provide a sample of non-intimnya.


Samples given voluntarily 14. (1) any person, other than a person or a non-intimate sample intimnya sample may be taken under sections 12 and 13, may voluntarily give an authorization may be in the prescribed form to a police officer not below the rank of Deputy Superintendent of police for the recruitment of an intimate sample or a non-intimate sample from it.

(2) If a consent may be given under subsection (1), a police officer not below the rank of Deputy Superintendent of police shall, prior to the taking of an intimate sample or a non-intimate sample, inform the person from whom a sample that will be — (a) that the DNA profile and any information relating to it obtained from a sample of intimate or non-intimate samples can be stored in the DNA Data Bank and can be used for the purpose of forensic analysis Sound Deoksiribonukleik Acid (DNA) 19 DNA police investigation, and for any purpose referred to in section 11;

(b) that he may make a request to a police officer for an access to the information; and (c) that he may at any time withdraw permission given under subsection (1).


DNA prisoner samples 15. A sample of intimate or non-intimate samples may be taken for forensic DNA analysis from any person who is undergoing a sentence of imprisonment in connection with an offence of which he has been convicted.


Storage and disposal of intimate samples and non-intimate samples 16. (1) the head of the DNA Data Bank shall keep safely and secure all intimate samples and non-intimate samples taken for the purpose of forensic DNA analysis, the samples considered appropriate by the head of the DNA Data Bank and without delay destroy any part of the living.

(2) the Procedure for the storage and disposal of an intimate sample and non-intimate samples shall be as prescribed.


Elimination of profile information and DNA of suspect 17. If a sample of intimate or non-intimate sample was taken pursuant to this Act of a person who is reasonably suspected to have committed an offence and — 20 laws of Malaysia ACT 699 (a) investigation revealed that he was not involved in the Commission of any offence;

(b) the charge against him in respect of any offence has been revoked;

(c) he is released by the Court of an offence of which he has been charged with, during the trial or on appeal;

(d) he is acquitted of an offence of which he has been charged with, during the trial or on appeal; or (e) he is not charged in any court for any offence within one year from the date of the taking of samples of it, head of the DNA Data Bank shall, within six months after the District Police Chief was told by the facts referred to in paragraph (a), (b), (c), (d) or (e), delete the DNA profile and any information about a person thereto from the DNA Data Bank.

Part V OFFENCES offence, interfere with, aiding and abetting or attempting to interfere with a sample of 18. (1) a person commits an offence if he disrupt or cause interrupted any intimate sample or a non-intimate sample was taken for the purposes of this Act.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or both.

Sound Deoksiribonukleik Acid (DNA) 21 (3) any person who is an accomplice in the Commission of or attempt to commit an offence under this section shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence: provided that such term of imprisonment imposed shall not exceed half of the maximum term provided for that offence.


Use or disclosure without consent of the profile or DNA information 19. (1) No person shall receive a DNA profile to be included in the DNA Data Bank or who has access to the information contained in the DNA Data Bank can, except in accordance with section 11 and 22, using the DNA profile or inform or any information relating thereto to be used or disclosed other than for the purposes of this Act.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or both.


Obligations of confidentiality 20. (1) the head of the DNA Data Bank, the Bank's Deputy Chief Officer, DNA and the DNA Databank or any person with any reason, have any means of access to any data, records, books, registers, correspondence, any documents, or material or information, in relation to DNA profile and any information relating thereto in the DNA Data Bank which he has obtained in the performance of its functions or the exercise of its powers , can not give, open, reveal, publish or otherwise disclose to any person, document, material or information unless the disclosure is required or permitted — 22 laws of Malaysia ACT 699 (a) under this Act or the regulations made under this Act;

(b) under any written law;
(c) by any court; or (d) for the performance of its functions or exercise of its powers under this Act or the regulations made under this Act.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or both.



The offence of harassing, aiding and abetting or attempt to interfere with the DNA profile or information 21. (1) a person commits an offence if he disrupt or cause interrupted any DNA profile or any information relating thereto in the possession, custody or control of the DNA Data Bank.

(2) for the purposes of this section, interrupting any DNA profile or any information relating thereto including the following: (a) the DNA profile or any information relating thereto is altered or deleted;

(b) any new DNA profile or any information relating thereto are included or added to DNA profile or any information regarding him that; or (c) any event occurs that reduces the ability of the head of the DNA Data Bank, Deputy Head of the DNA Data Bank or DNA Data Bank officer to gain access Sound Deoksiribonukleik Acid (DNA) 23 to DNA profile or any information relating thereto.

(3) any person who commits an offence under this section shall, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or both.

(4) any person who is an accomplice in the Commission of or attempt to commit an offence under this section shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence: provided that such term of imprisonment imposed shall not exceed half of the maximum term provided for that offence.

PART VI GENERAL cooperation with foreign law enforcement 22. (1) the head of the DNA Data Bank shall, on request by a law enforcement agency foreign, comparing DNA profile that was received from law enforcement agencies with foreign DNA profiles in the DNA Data Bank to determine whether the existing DNA profile contained in the DNA Data Bank and inform any relevant information to law enforcement agencies for foreigners.

(2) the head of the DNA Data Bank shall, upon the request of a law enforcement agency foreign during the investigation for an offence or a prosecution for a criminal offence in a foreign country, inform the DNA profiles contained in the DNA Data Bank to foreign law enforcement then.

24 laws of Malaysia ACT 699 (3) for the purposes of this section, "law enforcement agencies foreign" means a law enforcement agency in a foreign country and includes an international organization established by the Government of that country or an international organisation.


Protection against any legal proceedings 23. No action, suit, prosecution or other proceedings may be taken or brought, instituted or made in any court against — (a) the Minister;
(b) the head of the DNA Data Bank;
(c) the Deputy Head of the DNA Data Bank;
(d) DNA Data Bank officer;
(e) a Government medical officer; or (f) chemist, in respect of any act or omission done in good faith in the exercise of the powers, functions and responsibilities under this Act on such properties.


Regulations 24. (1) the Minister may make regulations as may be necessary or expedient to give effect to, or for the conduct, the provisions of this Act.

(2) without prejudice to the generality of subsection (1), regulations may be made — Sound Deoksiribonukleik Acid (DNA) 25 (a) to establish a procedure acquisition and disposal of intimate samples and samples not intimate;

(b) to prescribe any forms for the purposes of this Act;
(c) to regulate the management, administration and control of the DNA Data Bank; and (d) to provide for any matter required or permitted to be prescribed under this Act or as are necessary or expedient to set.

(3) any regulations made under this Act shall be tabled in the House of Commons as soon as possible after it is made and if the House of representatives is not in session, meeting at a Conference in the next House of Commons.


25. Savings and transitional Any DNA profile and any information relating to it existing stored and maintained by Department of chemistry or the Royal Malaysian police, immediately before the coming into operation of this Act shall, on the commencement of this Act, be deemed to have been deposited and maintained in and become part of the DNA Data Bank established under this Act in accordance with the applicable index.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 26 laws of MALAYSIA Act 699 ACT SOUND DEOKSIRIBONUKLEIK ACID (DNA) 2009 LIST of AMENDMENT of laws that amend the short title effect from-No-27 laws of MALAYSIA Act 699 ACT SOUND DEOKSIRIBONUKLEIK ACID (DNA) 2009 LIST of SECTION AMENDED Section Power amend with effect from-no-