Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 4201 Definitions
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(a) As used in this chapter, unless the context clearly requires otherwise, the following words have the following meanings:(a) “CODIS” or “Combined DNA Index System” means the Federal Bureau of Investigation's combined DNA identification Index System, which includes the storage …
5 V.I.C. § 4202 Establishment; Director
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(a) There is established within the Department of Justice, Office of the Attorney General, a Virgin Islands DNA Database and Databank under the supervision of a Director. (b) The Governor shall appoint the Director on the basis of knowledge and experience in the field of forensic…
5 V.I.C. § 4203 DNA sample required
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(a) All designated offenders shall submit a DNA sample collected by a person authorized pursuant to section 4204, subsection (b), to determine identification characteristics specific to that person and to be included in the Database. The submission of a DNA sample is not stayed p…
5 V.I.C. § 4204 Collection procedures; costs; collection materials; civil liability
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(a) The Director, after consultation with the Attorney General, shall establish regulations or procedures for the collection of DNA samples, including standards for training persons responsible for collection of DNA samples. (b) Only a physician, registered professional nurse, li…
5 V.I.C. § 4205 DNA analysis
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All DNA samples collected pursuant to section 4203, subsection (a), must be forwarded to the Director for DNA analysis. The Director may employ independent forensic laboratories to perform the DNA analysis required under section 4203, subsection (a). The Director shall provide fo…
5 V.I.C. § 4206 Quality assurance program
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The Director shall establish a quality assurance program that must include proficiency standards for laboratories and analysts responsible for performing DNA testing and analysis. The procedural rules and quality assurance program, laboratory techniques, laboratory equipment, sup…
5 V.I.C. § 4207 Confidentiality and disclosure
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(a) Records, findings, reports, and results of DNA testing, may be disclosed, upon written or electronic request, to the following persons for the following purposes:(1) the court, the prosecution and the defense in a criminal proceeding pursuant to a written request on a form pr…
5 V.I.C. § 4208 Penalties
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(a) Any person who, by virtue of employment or official position, has possession of, or access to, a DNA sample or record or portion of a sample record contained in the Database and who willfully discloses any portion of a record or portion of a sample or a record in any manner t…
5 V.I.C. § 4209 Expungement
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(a) If an individual, either voluntarily or pursuant to a warrant or order of a court, has submitted a sample for DNA testing in connection with the investigation or prosecution of a crime and (i) no criminal action against the individual relating to the crime was commenced withi…
5 V.I.C. § 4210 Petition to require testing
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(1) A person who was convicted of and sentenced for an offense may file a written petition with the sentencing court to require the DNA testing and analysis of any evidence that meets the following criteria:(1) The evidence is in the possession or control of a court, the Territor…
5 V.I.C. § 4211 Separability
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If any provision or, part of this chapter is held unconstitutional or otherwise invalid, the invalidity does not affect other provisions or application of this section which can be given effect without the invalid provision or application, and to this end the provision of this se…