[§844G-1] Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

[§844G-1] Definitions. As used in this chapter:

"Accredited and approved DNA laboratory" means a DNA laboratory that:

(1)Meets the requirements of section 844D-54; and

(2)Conducts DNA analysis eligible for upload to the Combined DNA Index System, as approved by its state administrator.

"Combined DNA Index System" means the FBI's program of support for criminal justice DNA databases as well as the software used to run these databases.

"Department" means the department of the attorney general.

"DNA" means deoxyribonucleic acid.

"DNA analysis" refers to the following process:

(1)The taking of DNA samples from evidence containing DNA from a known individual or DNA of unknown origin;

(2)The isolation of DNA to develop DNA profiles; and

(3)The determination of the DNA test results.

"Eligible" means in compliance with the FBI's specific requirements for a state's participation in the National DNA Index System, pursuant to the federal DNA Identification Act, title 34 U.S.C. section 12592(b).

"Law enforcement agency" means a county police department.

"Medical forensic examination" means an examination provided to a victim of a suspected sexual assault by a health care provider to address medical concerns resulting from the sexual assault and to collect and preserve evidence that may be used in a police investigation and any subsequent prosecution.

"Reported sexual assault evidence collection kit" or "reported kit" means a sexual assault evidence collection kit for a case in which:

(1)The victim reported a sexual offense to a law enforcement agency; or

(2)The victim reported a sexual offense to a law enforcement agency and a formal complaint was generated; the victim subsequently requested that the complaint be withdrawn; but the victim subsequently chose to reinstate the complaint.

"Sexual assault evidence collection kit" means a kit that contains a human biological specimen or specimens collected by a health care provider during a medical forensic examination from the victim of a suspected criminal sexual offense.

"Status" refers to the location, date, and time that a sexual assault evidence collection kit is transferred within the chain of custody.

"Unreported sexual assault evidence collection kit" or "unreported kit" means a sexual assault evidence collection kit for a case in which:

(1)The victim chose not to report a sexual offense to a law enforcement agency; or

(2)The victim reported a sexual offense to a law enforcement agency and a formal complaint was generated; but the complaint was subsequently withdrawn at the victim's request. [L 2018, c 113, pt of §2]