2005 Minnesota Statutes

     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 in section 13.02.  The bureau's centralized system 
 may only be accessed by authorized law enforcement personnel and 
 used solely for law enforcement identification purposes.  The 
 remedies in section 13.08 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 13.02, and may only be used for 
 law enforcement identification purposes.  The remedies in 
 section 13.08 apply to a violation of this subdivision.  

    HIST: 1989 c 290 art 4 s 7; 1990 c 499 s 5,6; 2005 c 136 art 
 12 s 6