Sections
Part 1 DNA Index § 44-6-101 – § 44-6-110

Terms Used In Montana Code > Title 44 > Chapter 6 - DNA Records

  • 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. See Montana Code 44-6-101
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • 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
  • 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.
  • 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. See Montana Code 44-6-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Statute: A law passed by a legislature.
  • Violent offense: has the meaning contained in 46-23-502. See Montana Code 44-6-101