Title 19 — CRIMINAL PROCEDURE

19-5501. Legislative findings — Statement of purpose. The legislature finds that DNA (deoxyribonucleic acid) identification analysis is a useful law enforcement tool for identifying and prosecuting felony offenders. The purpose of this act is to assist federal, state and local cr…

19-5502. Definitions. (1) "CODIS" means the federal bureau of investigation’s combined DNA index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories. (2) "Director" means the director of the Idaho state police. (3) "DNA" m…

19-5503. Responsibility for managing DNA programs — Bureau of forensic services. The Idaho state police through the bureau of forensic services shall be responsible for the policy management and administration of the state’s database and databank identification program. The burea…

19-5504. Implementation of the chapter — Rules. The Idaho state police, in consultation with the Idaho attorney general’s office, the Idaho department of correction, the Idaho chiefs of police association, the Idaho state sheriff’s association, and the Idaho prosecuting attorney’…

19-5505. Use of the state databank and database — Duties of bureau of forensic services. (1) The bureau of forensic services shall perform or contract for DNA analysis for law enforcement purposes. (2) The bureau of forensic services shall serve as a repository for DNA samples co…

19-5506. Scope of law — Offenders subject to sample collection — Early collection of samples — Restitution. (1) Any person, including any juvenile tried as an adult, who is convicted of, or pleads guilty to, any felony crime, the attempt to commit any felony crime or any crime th…

19-5507. Responsibility for sample collection — Timing of sample collection — Site for sample collection. (1) A court shall order a DNA sample and thumbprint impression to be taken after conviction and before sentencing of any person upon application by the prosecuting attorney, …

19-5508. Additional samples authorized. Whenever the bureau of forensic services notifies the department of correction or other responsible agency that a DNA sample or thumbprint impression is not adequate for any reason, the department of correction or other custodial agency sha…

19-5509. Genetic testing of samples given for another purpose. If a person has been convicted of a crime as provided by this chapter and has given a DNA sample or samples to law enforcement for any purpose, the bureau of forensic services is authorized to analyze such samples for…

19-5510. Applicability of chapter. Any person subject to the terms of this chapter who has not provided a DNA sample and thumbprint impression for any reason, including the person’s release prior to the enactment of this chapter, an oversight or error, or because of the person’s …

19-5511. Collection and forwarding of samples — Liability — Use of force. (1) The director of the department of correction or the chief administrative officer of the detention facility, jail, other facility at which the DNA sample and thumbprint impression were collected shall fo…

19-5512. Penalties. Any person subject to the terms of this chapter who fails to give a DNA sample or thumbprint impression, after a request by the bureau of forensic services, the department of correction, any law enforcement personnel, or any officer of the court, is guilty of …

19-5513. Expungement of information. (1) A person whose DNA profile has been included in the database and databank pursuant to this chapter may make a written request for expungement of materials from the database and databank on the grounds that the conviction upon which the aut…

19-5514. Limitations on disclosure of information. (1) All DNA profiles retained by the bureau of forensic services pursuant to this chapter shall be treated as confidential as provided by chapter 1, title 74, Idaho Code. (2) The DNA information shall be filed with the offender’s…

19-5515. Dissemination of data, information, and samples for forensic laboratory analysis. (1) Nothing in this chapter shall prohibit the sharing or disseminating of population database information with the following: (a) Federal, state or local law enforcement agencies; (b) Fore…

19-5516. Disposal of samples. The bureau of forensic services is authorized to have unused portions of samples or expired samples disposed of in the normal course of business and in an environmentally approved manner as long as such disposal method is designed to protect the iden…

19-5517. Operation with existing law — Authority of law enforcement officers. Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store and use DNA information or thumbprint impressions for law enforcement purposes…

19-5518. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the rema…