RULE 171.00.10-001 - Collection of DNA Samples: Juli's Law - Revision to Rules governing: Authority, Title, Definitions, Powers and Duties of the Arkansas State Crime Laboratory, Persons Required to Surrender a DNA sample, Procedures for Collection and Transmission of DNA Samples, Limitation of Liability, Release of Information, Rules for Obtaining DNA Information, Removal and Destruction of DNA Record and Sample and Prohibition Against Disclosure

RULE 171.00.10-001. Collection of DNA Samples: Juli's Law - Revision to Rules governing: Authority, Title, Definitions, Powers and Duties of the Arkansas State Crime Laboratory, Persons Required to Surrender a DNA sample, Procedures for Collection and Transmission of DNA Samples, Limitation of Liability, Release of Information, Rules for Obtaining DNA Information, Removal and Destruction of DNA Record and Sample and Prohibition Against Disclosure

AUTHORITY

As required by the Administrative Procedures Act, Arkansas Code 25-15-204, the Arkansas Sate Crime Laboratory duly adopts and promulgates the following rules and regulations for the procedures to implement the requirements of Act 974 of 2009 (Juli's Law)

TITLE

The title of these rules and regulations will be known as "Juli's Law; to provide for the collection of a DNA sample following an arrest or a criminal charge for certain-offensives and to establish procedures for the collection, maintenance, and dissemination of DNA samples."

DEFINITIONS

* "DNA" means deoxyribonucleic acid and is located in the cells of an individual, provides an individual personal genetic blueprint and_encodes genetic information that is the basis of human heredity and forensic identification.

* "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information.

* "Arrest tracking number" means a unique number assigned to an arrestee at the time of each arrest that is used to link that arrest to the final disposition of that charge;

* "Central repository" means the Arkansas Crime Information Center, which is authorized to collect, maintain, and disseminate criminal history information;

* "Conviction information" means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information;

* "Criminal history information" means a record compiled by a central repository or the Identification Bureau of the Department of Arkansas State Police on an individual consisting of names and identification data, notation of arrest, detentions, indictments, information, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release. "Criminal history information" does not include fingerprint records on individuals not involved in the criminal justice system or driver history records;

* "Criminal history information system" means the equipment, procedures, agreements, and organizations thereof, for the compilation, processing, preservation, and dissemination of criminal history information;

* "CODIS" means the Federal Bureau of Investigation Laboratory's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal forensic laboratories, strate forensic laboratories, and local forensic laboratories.

* "Criminal justice agency]' means a government agency, or any subunit, of a government agency that_is authorized by law to perform the administration of criminal justice, and that allocates more than one-half (1/2) its annual budget to the administration of criminal justice.

* "Criminal justice official" means an employee of a criminal justice agency performing the administration of criminal justice;

* "Disposition" means information describing the outcome of any criminal charges, including notations that law enforcement officials have elected not to refer the matter to a prosecutor, that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed. "Disposition" also includes acquittals, dismissals, probations, charges pending due to mental disease or defect, guilty pleas, nolle prosequi, nolo contendere pleas, findings of guilt, youthful offender determinations, first offender programs, pardons, commuted sentences, mistrials in which the defendant is discharged, executive clemencies, paroles, releases form correctional supervision, or deaths;

* "DNA Record" means DNA identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the result obtained from the DNA typing tests. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification tests on an individual DNA sample are also collectively referred to as the DNA profile of an individual.

* "DNA Sample" means a blood, saliva, or tissue sample provided by any individual as required by this subchapter or_submitted to the State Crime Laboratory for analysis or storage or both.

* "Expunged record" means a record that was expunged under § 16-90-901 et seg.;

* "Identification Bureau" means the Identification Bureau of the Department of Arkansas State Police, which may maintain fingerprint card files and other identification information on individuals;

* "Juvenile aftercare and custody information" means information maintained by the Division of Youth Services of the Department of Human Services regarding the status of a juvenile committed to or otherwise placed in the custody of the division from the date of commitment until the juvenile is released from aftercare or custody, whichever is later. This may include the name, address, and phone number of a contact person or an entity responsible for the juvenile;

* "Non-conviction information" means arrest information without disposition if an interval of one (1) year has elapsed from the date of arrest and no active prosecution of the charge is pending, as well as all acquittals and all dismissals;

* "Pending information" means criminal history information in some stage of active prosecution or processing.

POWER AND DUTIES OF THE ARKANSAS STATE CRIME LABORATORY

1.1. Be responsible for the policy management and administration of State DNA ID record system to support law enforcement agencies and other criminal justice agencies.

1.2 Promulgates rules and regulations to carry out the provisions of this act which will include the storage of DNA samples; maintenance of DNA records generated by the laboratory; and retention of DNA samples.

1.3 The State Crime Laboratory shall promulgate rules governing the procedures to be used in submission, identification, analysis, storage and disposition of DNA samples and typing results of DNA samples submitted under this subchapter.

1.4 Establish quality assurance guidelines to ensure that DNA identification records meet standards for laboratories that submit DNA records to the State DNA Data Base.

1.5 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.

1.6 Provide for liaison with FBI and other criminal justice agencies in regard to the State's participation in CODIS or any DNA data base designated by the Arkansas State Crime Laboratory.

1.7 Establish and administer the State DNA Data Base and may_develop a local population DNA databank.

1.8 The Arkansas State Crime Laboratory shall have the capability provided by computer software and procedures to store and maintain DNA records related to:

1.9 The Arkansas State Crime Laboratory shall make recommendations to the General Assembly on additional criminal offenses which may need to be added.

1.10 The DNA ID system as established shall be compatible with the procedures specified by the FBI, to include using comparable test procedures, lab equipment, supplies, and computer software.

1.11 The Arkansas State Crime Laboratory is authorized to contract with a third party or parties to run DNA analysis for use in the DNA databank.

a. The submitted samples to the third party or parties will be identified only by a bar code.

b. The contractual laboratory must meet the same quality assurance and quality control requirements as the Arkansas State Crime Laboratory.

PERSONS REQUIRED TO SURRENDER A DNA Sample

2.1 A DNA sample of a person arrested for:

* Capital murder,

§ 5-10-101

* Murder in the first degree,

§ 5-10-102

* Kidnapping,

§ 5-11-102

* Sexual Assault in the first degree,

§ 5-14-124

* Sexual Assault in the second degree

§ 5-14-125

PROCEDURES FOR COLLECTION AND TRANSMISSION OF DNA SAMPLES

3.1 The Arkansas State Crime Laboratory will provide and approved training method for the collection of DNA samples.

3.2 The State Crime Laboratory will provide a kit for the collection of the DNA sample. See attached collection procedure.

3.3 The Arkansas State Crime Laboratory will also incur shipping costs of the kits from the laboratory to the collection agency. The collecting agency is responsible for the transportation or submission of collection kits.

LIMITATION ON LIABILITY

4.1 A person authorized to take a DNA sample is not criminally liable for taking a DNA sample under this Act if he or she takes the DNA sample in good faith and used reasonable force.

4.2 A person authorized to take a DNA sample is not civilly liable for taking a DNA sample if the person acted in good faith, in a reasonable manner, using reasonable force, and according to generally accepted medical and other professional practices.

4.3 An authorized law enforcement agency or an authorized correctional agency may employ reasonable force if an individual refuses to submit to a taking of a DNA sample authorized under this Act.

4.4 An employee of an authorized law enforcement agency or an authorized correctional agency is not criminally or civilly liable for the use of reasonable force.

RELEAS OF INFORMATION

The following guidelines for release of information will be instituted after requirements of Arkansas Code annotated 12-12-312 have been met.

5.1 A DNA sample or DNA record obtained under this ACT shall be disseminated only to criminal justice agencies and criminal justice officials for the administration of criminal justice.

RULES FOR OBTAINING DNA INFORMATION

6.1 The Executive Director of the Arkansas State Crime Laboratory, after review of written request, may release DNA information from the DNA Databank as long as there is no conflict with provisions of Arkansas Statute 12-12-312, Act 974 of 2009, and COD IS rules and regulations. Such request must be on agency letterhead and presented by a representative of such agency holding valid photo identification.

REMOVAL AND DESTRUCTION OF DNA RECORD AND SAMPLE

7.1 Any person whose DNA record has been included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data bank as authorized by this Act may apply to the State Crime Laboratory for removal and destruction of the DNA record and DNA sample if the arrest that led to the inclusion of the DNA record and DNA sample resulted in a charge that has been resolved by:

(a) an acquittal;

(b) a dismissal;

(c) A nolle prosequi;

(d) a successful completion of a pre-prosecution diversion program or a conditional discharge;

(e) a conviction of a Class B misdemeanor or Class C misdemeanor or

(f) has not resulted in a charge within one year of the date of the arrest.

7.2 The State Crime Laboratory shall remove and destroy a person's DNA record and DNA sample by purging the DNA record and other identifiable information from the State DNA Data Base and the DNA sample stored in the State DNA Data Bank when the person provides the State Crime Laboratory with:

* A court order for removal and destruction of the DNA record and.

DNA sample; and

Either of the following:

* A certified copy of:

*(i) and order of acquittal;

*(ii) an order of dismissal;

*(iii) an order nolle prosequi or

*(iv) documentation reflecting a successful completion of a pre-prosecution program or a conditional discharge: or

* a judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or

* A court order stating that a charge arising out of the person's arrest has not been filed within one year of the date of the arrest.

7.3 If the State Crime Laboratory removes and destroys a person's DNA record and DNA sample under this Act, the State Crime Laboratory shall request that the person's DNA record be purged form the National DNA Index System.

PROHIBITION AGAINST DISCLOSURE

8.1 Arkansas Code § 12-12-1115(b), concerning the penalty for prohibited disclosure of DNA information, is amended to read as follows: Any person who knowingly violates this Act is guilty of a Class D felony.

(3/10/2011)

The following state regulations pages link to this page.