44-6-102. Establishment of DNA identification index. (1) The department shall establish a computerized DNA identification index for the receipt, storage, and exchange of DNA records. The DNA identification index is the central repository for DNA records in the state of Montana.
Terms Used In Montana Code 44-6-102
- 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 testing: means DNA analysis of materials derived from the human body for the purposes of identification consistent with this part. See Montana Code 44-6-101
- Felony: A crime carrying a penalty of more than a year in prison.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- Violent offense: has the meaning contained in 46-23-502. See Montana Code 44-6-101
(2) The DNA identification index must include:
(a) DNA records for an individual convicted of a felony offense or a youth found under 41-5-1502 to have committed a sexual or violent offense;
(b) DNA records for a person upon order of a sentencing judge under 46-18-202; and
(c) analyses of DNA samples recovered from crime scenes, medical examinations, and unidentified human remains. For purposes of identification of missing persons, the DNA identification index may include DNA records of close biological relatives of a missing person.
(3) The DNA identification index and the DNA testing done by a forensic DNA laboratory must be compatible with the systems of DNA identification used by other criminal justice agencies or private testing laboratories to the extent necessary to permit the exchange of DNA information.
(4) The DNA records collected and stored in the DNA identification index may contain only information relating to the identification of individuals. Information that identifies a person that is the subject of a record must be limited to the information that is necessary to pursue criminal investigations and to support statistical interpretation of results.
(5) The DNA identification index may be used:
(a) by law enforcement agencies for purposes of identification in the course of criminal investigations and proceedings;
(b) to assist in the identification of human remains, including identification of missing persons; and
(c) if information allowing a person to be identified is removed, for a population statistics database and for identification, research, and protocol development for forensic DNA analysis and quality control.