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12-12-1017. Procedures for conduct, disposition, and use of DNA analysis.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1017. Procedures for conduct, disposition, and use of DNA analysis.
(a)(1) The State Crime Laboratory shall promulgate rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter.
(2) The procedures described in subdivision (a)(1) of this section shall include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories that submit DNA records to the State DNA Data Base.
(b) The typing results of DNA samples shall be securely stored in the State DNA Data Base, and records of testing shall be retained on file with the State Crime Laboratory.
(c)(1) Except as provided in § 12-12-1018, the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes, including the identification of missing persons, and to assist in the recovery or identification of human remains from disasters.
(2) The results of the DNA analysis conducted under this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution.
(3) The detention, arrest, or conviction of a person based on a State DNA Data Base match or State DNA Data Base information is not invalidated if the DNA sample was obtained or placed in the State DNA Data Base by mistake.
(d)(1) The State Crime Laboratory may contract with a third party for purposes of carrying out any function of this subchapter.
(2) Any third party contracting to carry out a function of this subchapter is subject to any restriction and requirement of this subchapter that apply to the State Crime Laboratory as well as any additional restriction im
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1017
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-12-1017
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 02148a32fd1fe84b0403334c50e2012e1da9645bbaa400a332231e32ce8dc5fd
Source location: content.xml paragraph 6378
Stored source content
12-12-1017. Procedures for conduct, disposition, and use of DNA analysis.
(a)(1) The State Crime Laboratory shall promulgate rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter.
(2) The procedures described in subdivision (a)(1) of this section shall include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories that submit DNA records to the State DNA Data Base.
(b) The typing results of DNA samples shall be securely stored in the State DNA Data Base, and records of testing shall be retained on file with the State Crime Laboratory.
(c)(1) Except as provided in § 12-12-1018, the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes, including the identification of missing persons, and to assist in the recovery or identification of human remains from disasters.
(2) The results of the DNA analysis conducted under this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution.
(3) The detention, arrest, or conviction of a person based on a State DNA Data Base match or State DNA Data Base information is not invalidated if the DNA sample was obtained or placed in the State DNA Data Base by mistake.
(d)(1) The State Crime Laboratory may contract with a third party for purposes of carrying out any function of this subchapter.
(2) Any third party contracting to carry out a function of this subchapter is subject to any restriction and requirement of this subchapter that apply to the State Crime Laboratory as well as any additional restriction imposed by the State Crime Laboratory.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1018. Receipt and analysis of DNA samples — Availability of information.
(a) The State Crime Laboratory shall:
(1) Receive, store, and perform analyses on DNA samples or contract for DNA typing analysis with a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory;
(2) Classify and file the DNA record of identification characteristic profiles of DNA samples submitted under this subchapter; and
(3) Make information available from the State DNA Data Base as provided in this section.
(b) The results of the DNA profile of individuals in the State DNA Data Base shall be made available:
(1) To a criminal justice agency or to an approved crime laboratory that serves a criminal justice agency; or
(2) To a criminal justice official upon written or electronic request from the criminal justice official and in furtherance of an official investigation of a criminal offense.
(c) The State Crime Laboratory shall promulgate rules governing the methods of obtaining information from the State DNA Data Base and CODIS and procedures for verification of the identity and authority of the requester.
(d) The State Crime Laboratory may create a separate population database composed of DNA samples obtained under this subchapter after all personal identification is removed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1018
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1018. This identifies an authority to review, not proof of applicability.