44-6-101. Definitions. As used in this part, the following definitions apply:

Terms Used In Montana Code 44-6-101

  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 44-6-101
  • DNA: means deoxyribonucleic acid. See Montana Code 44-6-101
  • DNA identification index: means the DNA identification record system established under 44-6-102. See Montana Code 44-6-101
  • DNA record: means DNA identification information stored in the DNA identification index for purposes of establishing identification in connection with law enforcement investigations or supporting statistical interpretation of the results of DNA analysis. See Montana Code 44-6-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.

(1) ”Biological sample” means cheek cells removed by using a buccal swab of a type authorized by the department or a vial or other container of blood.

(2) ”Department” means the department of justice provided for in 2-15-2001.

(3) ”DNA” means deoxyribonucleic acid.

(4) ”DNA identification index” means the DNA identification record system established under 44-6-102.

(5) ”DNA record” means DNA identification information stored in the DNA identification index for purposes of establishing identification in connection with law enforcement investigations or supporting statistical interpretation of the results of DNA analysis. The DNA record is considered the objective form of the results of a DNA analysis, such as the numerical representation of DNA fragment lengths, autoradiographs and the digital image of autoradiographs, and discrete allele assignment numbers.

(6) ”DNA testing” means DNA analysis of materials derived from the human body for the purposes of identification consistent with this part.

(7) ”Felony offense” means any offense under the Montana Code Annotated for which the maximum potential sentence under statute is death or imprisonment in a state prison for a term exceeding 1 year.

(8) ”Forensic DNA laboratory” means any laboratory operated by state government that performs DNA analysis on materials derived from the human body for use as evidence in a criminal proceeding or for purposes of identification.

(9) ”Marker” means a method of describing individuals by genetic profile, such as blood or DNA type, and has the specific meaning given to the word by department rule, which must take into account the meaning generally given to the word for forensic typing by DNA technologists.

(10) ”Sexual offense” means the offenses contained in the definition of that term in 46-23-502.

(11) ”Violent offense” has the meaning contained in 46-23-502.