299C.155 STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.
Subdivision 1. Definition.
As used in this section, "DNA analysis" means the process
through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and
compared with DNA from another human biological specimen for identification purposes.
Subd. 2. Uniform evidence collection.
The bureau shall develop uniform procedures and
protocols for collecting evidence in cases of alleged or suspected criminal sexual conduct,
including procedures and protocols for the collection and preservation of human biological
specimens for DNA analysis. Law enforcement agencies and medical personnel who conduct
evidentiary exams shall use the uniform procedures and protocols in their investigation of
criminal sexual conduct offenses. The uniform procedures and protocols developed under this
subdivision are not subject to the rulemaking provisions of chapter 14.
Subd. 3. DNA analysis and data bank.
The bureau shall adopt uniform procedures and
protocols to maintain, preserve, and analyze human biological specimens for DNA. The bureau
shall establish a centralized system to cross-reference data obtained from DNA analysis. Data
contained on the bureau's centralized system is private data on individuals, as that term is defined
. The bureau's centralized system may only be accessed by authorized law
enforcement personnel and used solely for law enforcement identification purposes. The remedies
apply to a violation of this subdivision. The uniform procedures and protocols
developed under this subdivision are not subject to the rulemaking provisions of chapter 14.
Subd. 4. Record.
The bureau shall perform DNA analysis and make data obtained available
to law enforcement officials in connection with criminal investigations in which human biological
specimens have been recovered. Upon request, the bureau shall also make the data available to
the prosecutor and the subject of the data in any subsequent criminal prosecution of the subject.
The results of the bureau's DNA analysis and related records are private data on individuals, as
that term is defined in section
, and may only be used for law enforcement identification
purposes. The remedies in section
apply to a violation of this subdivision.
History: 1989 c 290 art 4 s 7; 1990 c 499 s 5,6; 2005 c 136 art 12 s 6