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12-12-1111. Procedures for conduct, disposition, and use of DNA analysis.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1111. Procedures for conduct, disposition, and use of DNA analysis.
(a)(1) The State Crime Laboratory shall adopt 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) These procedures shall also include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories which submit DNA records to the State DNA Data Base.
(b) The typing results of DNA samples shall be securely stored in the data base, and records of testing shall be retained on file with the State Crime Laboratory consistent with the procedures established by the Federal Bureau of Investigation.
(c)(1) Except as otherwise provided in § 12-12-1112, the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons.
(2) The results of the analysis conducted pursuant to 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 data-base match or data-base information is not invalidated if the DNA sample was obtained or placed in the data base by mistake.
(d)(1) The State Crime Laboratory is authorized to contract with third parties for purposes of this subchapter.
(2) Any third party contracting to carry out the functions of this subchapter shall be subject to the same restrictions and requirements of this subchapter, insofar as applicable, as t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1111
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:12-12-1111
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 502ca504c10bf9b1c1390b63dbeaafe3f875ec84de2ac30cf14fa64096807988
Source location: content.xml paragraph 6659
Stored source content
12-12-1111. Procedures for conduct, disposition, and use of DNA analysis.
(a)(1) The State Crime Laboratory shall adopt 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) These procedures shall also include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories which submit DNA records to the State DNA Data Base.
(b) The typing results of DNA samples shall be securely stored in the data base, and records of testing shall be retained on file with the State Crime Laboratory consistent with the procedures established by the Federal Bureau of Investigation.
(c)(1) Except as otherwise provided in § 12-12-1112, the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons.
(2) The results of the analysis conducted pursuant to 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 data-base match or data-base information is not invalidated if the DNA sample was obtained or placed in the data base by mistake.
(d)(1) The State Crime Laboratory is authorized to contract with third parties for purposes of this subchapter.
(2) Any third party contracting to carry out the functions of this subchapter shall be subject to the same restrictions and requirements of this subchapter, insofar as applicable, as the State Crime Laboratory as well as any additional restrictions imposed by the State Crime Laboratory.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1112. Receipt and analysis of DNA samples — Availability of information.
(a)Receipt of DNA Samples by State Crime Laboratory.
(1) The State Crime Laboratory shall receive DNA samples, store, perform analysis or contract for DNA typing analysis with a qualified DNA laboratory that meets the guidelines as established by the State Crime Laboratory, classify and file the DNA record of identification characteristic profiles of DNA samples submitted under this subchapter, and make such information available from the State DNA Data Base as provided in this section.
(2) The State Crime Laboratory may contract out the storage of DNA typing analysis and may contract out DNA typing analysis to a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory.
(b) The results of the DNA profile of individuals in the State DNA Data Base shall be made available:
(1) To criminal justice agencies or to approved crime laboratories which serve these criminal justice agencies; or
(2) Upon written or electronic request and in furtherance of an official investigation of a criminal offense.
(c) Methods of Obtaining Information. The State Crime Laboratory shall adopt 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)Population Database.
(1) The State Crime Laboratory may create a separate population database composed of DNA samples obtained under this subchapter after all personal identification is removed.
(2) The State Crime Laboratory may share or disseminate the population database with other criminal justice agencies or crime laboratories that serve to assist the State Crime Laboratory with statistical databases.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1112
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 12-12-1112. This identifies an authority to review, not proof of applicability.