Vermont Statutes Title 20 Sec. 1938
Terms Used In Vermont Statutes Title 20 Sec. 1938
- 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. See
- Department: means the Department of Public Safety. See
- DNA: means deoxyribonucleic acid. See
- DNA record: means DNA sample identification information stored in the State DNA database or CODIS. See
- DNA sample: means a forensic unknown tissue sample or a tissue sample provided by any person convicted of a designated crime. See
- 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.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- State DNA data bank: means the repository of DNA samples collected and maintained under the provisions of this subchapter. See
- State DNA database: means the Laboratory DNA identification record system. See
§ 1938. Storage and use of samples and records
(a) A DNA sample and a DNA record obtained pursuant to this subchapter shall be used only for the purposes authorized in this subchapter and may be provided to law enforcement agencies for lawful law enforcement purposes.
(b) The tissue, fluid, or other substance from which the DNA is extracted shall be used only for DNA sample analysis authorized in this subchapter and may be provided to law enforcement agencies only for DNA sample analysis for use in any investigation and prosecution.
(c) Only DNA samples shall be stored in the State DNA data bank.
(d) Only DNA records derived from DNA samples shall be stored in the State DNA database.
(e) Except as provided in section 1939 of this chapter, no DNA records derived from DNA samples shall be aggregated or stored in any database, other than CODIS and the State DNA database, that is accessible by any person other than by the Department for the purpose for which the samples were collected.
(f)(1) Except for forensic unknown samples, no samples of tissue, fluid, or other biological substance voluntarily submitted or obtained by the execution of a nontestimonial identification order shall be entered into the State DNA data bank. However, such samples may be used for any other purpose authorized in section 1937 of this subchapter.
(2) Notwithstanding the prohibition of subdivision (1) of this subsection, any sample that may lead to an exculpatory result shall be used only for the purpose of the criminal investigation and related criminal prosecution for which the samples were obtained. Upon the conclusion of the criminal investigation and finalization of any related criminal prosecution, such samples shall be placed under seal, and shall not be used for any purpose whatsoever, except pursuant to a judicial order for good cause shown.
(3) Notwithstanding the prohibition of subdivision (1) of this subsection, any sample that may lead to an exculpatory result shall be used only for the purpose of the criminal investigation and related criminal prosecution for which the samples were obtained. Upon the conclusion of the criminal investigation and finalization of any related criminal prosecution, the genetic records shall be placed under seal, and shall not be used for any purpose whatsoever, except pursuant to a judicial order for good cause shown.
(g) Except for records obtained from forensic unknown samples, no DNA records of samples of tissue, fluid, or other biological substance that were obtained as the result of either consensual submission of biological evidence or the execution of a nontestimonial identification order shall be entered into the State DNA database. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)