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HF 981

as introduced - 87th Legislature (2011 - 2012) Posted on 03/09/2011 09:47am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to public safety; authorizing familial DNA searches; requiring a report;
proposing coding for new law in Minnesota Statutes, chapter 299C.

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

Section 1.

[299C.1551] FAMILIAL DNA SEARCHES.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Familial search" means a search of CODIS in which a DNA sample from an
unknown source collected from a crime scene is compared to determine if a familial
match exists. These searches shall follow the Scientific Working Group on DNA Analysis
Methods (SWGDAM) recommendations for the release of information in the event of a
"partial match."

(c) "Familial match" is a match that occurs when a scientist employed by the bureau
concludes through statistical analysis that there are sufficient genetic similarities to
indicate a familial relationship between a DNA profile in the offender index and the source
of a DNA sample collected from a crime scene.

(d) "Combined DNA Index System (CODIS)" means the database of DNA samples
authorized under section 299C.155.

Subd. 2.

Eligible cases.

A law enforcement officer may request that the bureau
conduct a familial search in cases where each of the following criteria are met:

(1) no identical match for the DNA sample collected from a crime scene can be
identified in CODIS;

(2) the investigation involves first- or second-degree murder or criminal sexual
conduct in the first or second degree;

(3) all other investigative leads have been exhausted; and

(4) the requesting officer has satisfied all other requirements established by the
superintendent.

Subd. 3.

Superintendent; rules.

The superintendent shall establish rules and
policies to process search requests submitted pursuant to this section. The rules must
address, but are not limited to, the standards and procedures for approving a request and
releasing the names of potential matches. The uniform procedures and protocols developed
under this subdivision are not subject to the rulemaking provisions of chapter 14.

Subd. 4.

Report.

By June 1 of the year following the date of final enactment, and
annually thereafter, the superintendent shall submit a report to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over public safety policy and finance. The report must contain:

(1) the number of familial DNA searches requested;

(2) the number of familial DNA searches conducted;

(3) the number of familial matches found as a result of the searches conducted; and

(4) the status of any case in which a familial match was found.

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