§ 1932. Definitions

As used in this subchapter:

(1) “CODIS” means the FBI‘s national DNA identification index system that allows storage and exchange of DNA records submitted by state and local forensic DNA laboratories. The term “CODIS” is derived from Combined DNA Index System.

(2) “Department” means the Department of Public Safety.

(3) “DNA” means deoxyribonucleic acid. DNA encodes genetic information that is the basis of human heredity and forensic identification.

(4) “DNA record” means DNA sample identification information stored in the State DNA database or CODIS. A DNA record is the result obtained from the DNA sample typing tests and is referred to as the DNA profile of an individual.

(5) “DNA sample” means a forensic unknown tissue sample or a tissue sample provided by any person convicted of a designated crime. The DNA sample may be blood or other tissue type specified by the Department.

(6) “FBI” means the Federal Bureau of Investigation.

(7) “Forensic unknown sample” means an unidentified tissue sample gathered in connection with a criminal investigation.

(8) “Laboratory” means the Department of Public Safety Forensic Laboratory. The Laboratory’s general authority under this subchapter includes specifying procedures for collection and storage of DNA samples.

(9) “Population database” means anonymous DNA records used to assist statistical evaluation.

(10) “State DNA database” means the Laboratory DNA identification record system. The State DNA database is a collection of the DNA records related to forensic casework, persons required to provide a DNA sample under this subchapter, and anonymous DNA records used for protocol development or quality control.

(11) “State DNA data bank” means the repository of DNA samples collected and maintained under the provisions of this subchapter.

(12) “Designated crime” means any of the following offenses:

(A) a felony;

(B) 13 V.S.A. § 1042 (domestic assault);

(C) any crime for which a person is required to register as a sex offender pursuant to 13 Vt. Stat. Ann. chapter 167, subchapter 3;

(D) 13 V.S.A. § 1062 (stalking);

(E) 13 V.S.A. § 1025 (reckless endangerment);

(F) a violation of an abuse prevention order as defined in 13 V.S.A. § 1030, excluding violation of an abuse prevention order issued pursuant to 15 V.S.A. § 1104 (emergency relief) or 33 V.S.A. § 6936 (emergency relief);

(G) a misdemeanor violation of 13 Vt. Stat. Ann. chapter 28, relating to abuse, neglect, and exploitation of vulnerable adults;

(H) an attempt to commit any offense listed in this subdivision; or

(I) any other offense, if, as part of a plea agreement in an action in which the original charge was a crime listed in this subdivision and probable cause was found by the court, there is a requirement that the defendant submit a DNA sample to the DNA data bank. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83, § 7, eff. June 28, 2005; 2009, No. 1, § 20, eff. March 4, 2009; 2009, No. 1, § 23, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 1, eff. May 23, 2016.)