Title 31 — Judicial Proof
16 chapters · 103 sections in this title.
N.D.C.C. § 31-13-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Department" means the department of corrections and rehabilitation. 2. "DNA" means deoxyribonucleic acid. 3. "Laboratory" means the state crime laboratory.
N.D.C.C. § 31-13-02 DNA testing - Admissibility as evidence
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In any court proceeding, DNA testing is deemed to be a reliable scientific technique, and the evidence of a DNA profile comparison must be admitted as prima facie evidence to prove or disprove the identity of any person. This section does not otherwise limit the introduction of a…
N.D.C.C. § 31-13-03 Individuals to be tested - Costs
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1. An individual eighteen years of age or over who is arrested or summoned to appear before a magistrate for the commission of a felony shall provide to a law enforcement officer or correctional personnel at the time of the individual's arrest or appearance or upon booking into a…
N.D.C.C. § 31-13-04 DNA testing - Procedure - Immunity
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1. Samples of blood or other body fluids for DNA testing may be obtained in a medically approved manner by a physician, registered nurse, licensed practical nurse, phlebotomist, or medical technologist, and packaged and submitted in kits approved or provided by the laboratory and…
N.D.C.C. § 31-13-05 DNA database established - How utilized
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The laboratory shall establish a centralized database of DNA identification records. The established system must be compatible with the procedures set forth in the national DNA identification index to ensure data exchange on a national level. The centralized DNA database must be …
N.D.C.C. § 31-13-06 Confidentiality of records
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Notwithstanding section 44-04-18, except as necessary for law enforcement purposes, all records produced from the samples taken as provided in this chapter must be securely stored and are confidential. However, the records must be available to: 1. Any person who is the subject of…
N.D.C.C. § 31-13-07 Removal of DNA profiles from database
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1. An individual whose DNA profile has been included in the database under this chapter may petition the district court to seal the court record on the grounds that the arrest that led to the inclusion of the DNA profile has not resulted in a felony charge within one year; has be…
N.D.C.C. § 31-13-08 Rules
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The attorney general shall adopt rules pursuant to chapter 28-32 necessary to carry out provisions of the DNA database identification system. The rules must include procedures for collection, analysis, and classification of samples of blood and other body fluids, database system …
N.D.C.C. § 31-13-09 DNA profiles to be available to law enforcement - Penalty
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Upon payment of a reasonable fee established by the laboratory, the laboratory shall provide, upon the request of appropriate law enforcement agencies for use for official purposes, an updated list of names of individuals whose DNA profiles are stored in the database at the labor…
N.D.C.C. § 31-13-10 Tampering with DNA sample testing - Penalty
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An individual who willfully tampers or attempts to tamper with a sample of blood or body fluids or a collection device or kit to alter the outcome of DNA testing is guilty of a class C felony. An individual who willfully possesses, distributes, or assists in the use of a device, …