P.R. Laws tit. 34, § 3026

2019-02-21 00:00:00+00
§ 3026. Preservation of tissue samples and other evidence

In all those cases that an autopsy is performed, the Institute shall preserve all necessary samples of blood, urine, body fluids, organs and parts of tissues, according to the best acceptable medical practices, and such other objects as, but without being limited to, bullets and any other foreign bodies found in the corpse, to be used as corroborating proof and/or evidence. Said organs, samples of tissues, blood, urine, body fluids and objects shall be preserved and kept in custody in such a way that the identity and integrity thereof are guaranteed.

The samples of tissues, blood, urine and body fluids shall be preserved for a period of not less than six (6) months. The organs and tissue samples shall be preserved for a period not less than one (1) year. The Institute of Forensic Sciences shall preserve a scientific sample before disposing of said samples.

Evidence from other criminal cases that require analysis or examination and where there has not been a death or grave bodily injury, shall be received and preserved for analysis or examination. The agency that submitted the evidence for analysis shall take custody thereof once it has been analyzed or examined by the Institute of Forensic Sciences, except in the cases involving controlled substances. The Institute shall dispose of the evidence related to a criminal case when one or more of the following circumstances occur:

(a) The crime has prescribed.

(b) The head of the agency that submitted the evidence remits written notification for the seizure thereof.

(c) The court has reached a final and binding determination on the case which cannot be appealed.

The Department of Justice shall notify the Institute of Forensic Sciences in writing of the resolution of the cases in which the Institute has intervened in the analysis of evidence of physical and legal nature, with the purpose of disposing of the evidence as established in this section.

The Director of the Institute shall establish the procedures to be followed to comply with the provisions of this section.

History —July 24, 1985, No. 13, p. 689, § 26; Jan. 10, 1998, No. 15, § 1.