KRS § 17.175 — KY Code / Title III / Chapter 17 / Section 17.175
17.175 Centralized database for DNA identification records -- Analysis and classification of evidence -- Exemption from KRS 61.870 to 61.884 -- Expungement of information and destruction of DNA sample -- Penalty for unlawful use of DNA database identification system
Status: in_force

17.175 Centralized database for DNA identification records -- Analysis and

classification of evidence -- Exemption from KRS 61.870 to 61.884 --

Expungement of information and destruction of DNA sample -- Penalty for

unlawful use of DNA database identification system.

(1) A centralized database of DNA (deoxyribonucleic acid) identification records for

convicted or adjudicated offenders, crime scene specimens, unidentified human

remains, missing persons, and close biological relatives of missing persons shall be

established in the Department of Kentucky State Police under the direction, control,

and supervision of the Department of Kentucky State Police forensic laboratory.

The established system shall be compatible with the procedures set forth in a

national DNA identification index to ensure data exchange on a national level.

(2) The purpose of the centralized DNA database is to assist federal, state, and local

criminal justice and law enforcement agencies within and outside the

Commonwealth in the identification, detection, or exclusion of individuals who are

subjects of the investigation or prosecution of sex-related crimes, violent crimes, or

other crimes and the identification and location of missing and unidentified persons.

(3) (a) The Department of Kentucky State Police forensic laboratory shall receive,

analyze, and classify DNA samples received from the Department of

Corrections, the Department of Juvenile Justice, and other sources, and shall

file the DNA results in the centralized databases for law enforcement

identification and statistical purposes. The department shall analyze and

classify all sexual assault evidence collection kits it receives. In cases where a

suspect has been identified, the department may give priority to analysis and

classification of sexual assault evidence collection kits where the reference

standard for comparison is provided with the kit. Except as provided in

paragraph (e) of this subsection, by July 1, 2018, the average completion rate

for this analysis and classification shall not exceed ninety (90) days, and by

July 1, 2020, the average completion rate for this analysis and classification

shall not exceed sixty (60) days.

(b) Failure to meet the completion time goals established in paragraph (a) of this

subsection shall not be a basis for a dismissal of a criminal action or a bar to

the admissibility of evidence.

(c) The Department of Kentucky State Police shall, by August 1 of each year,

report to the Legislative Research Commission the yearly average completion

rate for the immediately preceding five (5) fiscal years.

(d) With approval by the secretary of the Justice and Public Safety Cabinet in

situations in which an equipment casualty necessitates the expedited

acquisition or repair of laboratory equipment required for the analysis of

evidence, the acquisition or repair shall be exempt from the Finance and

Administration Cabinet's competitive bidding process for both acquisition and

repair purposes. Each time the authority granted by this paragraph is used, the

equipment acquisition or repair shall be fully documented within thirty (30)

days by the agency head in a written or electronic letter to the secretary of the

Finance and Administration Cabinet, attached to an ordering or payment

document in the state's procurement system, which shall include:

1. An explanation of the equipment acquired or repaired;

2. The name of the vendor selected;

3. The amount of procurement;

4. Other price quotations obtained; and

5. The basis for selection of the vendor.

(e) To the extent appropriated funds are insufficient to meet the average

completion time goals established in paragraph (a) of this subsection, the

Department of Kentucky State Police forensic laboratory shall no longer be

required to meet the average completion time goals.

(4) DNA identification records produced from the samples are not public records but

shall be confidential and used only for law enforcement purposes. DNA

identification records shall be exempt from the provisions of KRS 61.870 to 61.884.

(5) DNA identification records produced from evidence collected as a result of an

examination performed under KRS 216B.400 that are voluntarily submitted solely

for elimination purposes shall not be checked against or included in the centralized

database created pursuant to this section or any other database.

(6) A person whose DNA profile has been included in the data bank pursuant to this

chapter may request expungement on the grounds that the conviction or

adjudication on which the authority for including the DNA profile was based has

been reversed and the case dismissed, or that the person successfully completed the

pretrial diversion program under KRS 533.258 and the charges were dismissed-

diverted. The Department of Kentucky State Police shall expunge all identifiable

information in the data bank pertaining to the person and destroy all samples from

the person upon receipt of:

(a) A written request for expungement pursuant to this section; and

(b) Either:

1. A certified copy of the court order reversing and dismissing the

conviction or adjudication; or

2. A certified copy of the court order deeming the charges dismissed-

diverted.

(7) The cabinet shall promulgate administrative regulations necessary to carry out the

provisions of the DNA database identification system to include procedures for

collection of DNA samples and the database system usage and integrity.

(8) The Department of Kentucky State Police shall destroy all DNA samples that are

not entered into the DNA database identification system.

(9) Any person who disseminates, receives, or otherwise uses or attempts to use

information in the DNA database identification system, knowing that such

dissemination, receipt, or use is for a purpose other than authorized by this section,

shall be guilty of a Class D felony.