Current through 2024 Legislative Session Act Chapter 531
Section 1203 - Authorization to retain genetic information and samples from which genetic information is derived(a) No person shall retain an individual's genetic information without first obtaining informed consent from the individual unless: (1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;(2) Retention is necessary to determine paternity;(3) Retention is authorized by order of a court of competent jurisdiction;(4) Retention is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29; (5) Retention of information is for anonymous research where the identity of the subject will not be released; or(6) Retention is pursuant to newborn screening requirements established by state or federal law.(b) The sample of an individual from which genetic information has been obtained shall be destroyed promptly unless: (1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;(2) Retention is authorized by order of a court of competent jurisdiction; or(3) Retention is authorized by the individual; or(4) Retention is for anonymous research where the identity of the subject will not be released.Amended by Laws 2015, ch. 96,s 2, eff. 7/15/2015. 71 Del. Laws, c. 458, § 2; 78 Del. Laws, c. 277, § 3.;