§ 44-6-101 Definitions
§ 44-6-102 Establishment of DNA identification index
§ 44-6-103 Collection of samples and maintenance of data
§ 44-6-106 Release of DNA records
§ 44-6-107 Expungement of DNA records
§ 44-6-108 Confidentiality of records of DNA testing
§ 44-6-109 Restrictions for collection of DNA from minor by peace officer
§ 44-6-110 Rulemaking authority

Terms Used In Montana Code > Title 44 > Chapter 6 > Part 1 - DNA Index

  • 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: A crime carrying a penalty of more than a year in prison.
  • 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
  • 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
  • Statute: A law passed by a legislature.
  • Violent offense: has the meaning contained in 46-23-502. See Montana Code 44-6-101
  • Writing: includes printing. See Montana Code 1-1-203