Section 10-17-01-07 - Procedures for database system usage and integrity1. Except as provided in subsection 2, the results of the genetic marker profile may be disclosed only to: a. Criminal justice agencies for law enforcement official purposes; b. A defendant for criminal defense purposes in response to valid subpoenas or other court orders; c. Any person who is the subject of a record; d. A public official or the official's authorized agent who requires that information in connection with the discharge of the official's duties; or e. Any other person required by law. 2. In addition, the division may use test results for system integrity and quality control, including assisting in a population statistics database and for other research purposes if personally identifying information is removed. 3. The DNA identification index may include the analysis of DNA samples recovered from crime scenes, medical examinations, unidentified human remains, and qualified offenders. For the purpose of missing persons, the DNA identification index may include DNA records of close biological relatives of a missing person. 4. If a court with proper jurisdiction has ordered an expungement and no other grounds exist for sample collection, the record of the sample will be removed from the database and all samples from the person will be destroyed. N.D. Admin Code 10-17-01-07
Effective May 1, 2004; amended effective April 1, 2010.General Authority: NDCC 31-13-06, 31-13-07, 31-13-09
Law Implemented: NDCC 31-13-08