reglab/housing_qa huggingface dataset:
20 V.S.A. § 1933
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1933. DNA sample required

§ 1933. DNA sample required|(a) The following persons shall submit a DNA sample:  (1) a person convicted in a court in this State of a designated crime on or after April 29, 1998; (2) a person who was convicted in a court in this State of a designated crime prior to April 29, 1998 and, after such date, is:  (A) in the custody of the Commissioner of Corrections pursuant to 28 V.S.A. § 701; (B) on parole for a designated crime; (C) serving a supervised community sentence for a designated crime; or (D) on probation for a designated crime.    (b) A person required to submit a DNA sample who is serving a sentence in a correctional facility shall have his or her DNA samples collected or taken at the receiving correctional facility, or at a place and time designated by the Commissioner of Corrections or by a court, if the person has not previously submitted a DNA sample.(c) A person serving a sentence for a designated crime not confined to a correctional facility shall have his or her DNA samples collected or taken at a place and time designated by the Commissioner of Corrections, the Commissioner of Public Safety, or a court if the person has not previously submitted a DNA sample in connection with the designated crime for which he or she is serving the sentence. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83, § 8, eff. June 28, 2005; 2009, No. 1, § 21, eff. March 4, 2009; 2009, No. 1, § 24, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 2, eff. May 23, 2016.)
20 V.S.A. § 1934
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1934. Least intrusive means of collection

§ 1934. Least intrusive means of collection|(a) The DNA sample shall be obtained by withdrawing blood, unless the Department determines that a less intrusive means to obtain a scientifically reliable sample is available, in which event such less intrusive means shall be used.(b) For purposes of this subchapter, a blood sample may only be drawn by a physician, physician assistant, registered nurse, licensed practical nurse, medical technologist, laboratory assistant, or phlebotomist. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1935
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1935. Procedure if person refuses to give sample

§ 1935. Procedure if person refuses to give sample|(a) If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the superior court for an order requiring the person to provide the sample.(b) The person who refuses to provide a DNA sample shall be served with a copy of the motion and shall be entitled to a hearing by the court, limited in scope solely to the issues described in subsection (c) of this section.(c) If the court finds that the person who refused to provide a DNA sample is a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order requiring the person to provide the DNA sample in accordance with the provisions of this subchapter. The court's order shall also specify the manner by which the DNA sample shall be obtained and may authorize law enforcement and correctional personnel to employ reasonable force to obtain the DNA sample. No such employee or health care professional shall be criminally or civilly liable for the use of reasonable force.(d) If the court finds that the person who refused to provide a DNA sample is not a person required by section 1933 of this subchapter to provide a DNA sample, the court shall issue a written order relieving the person of the obligation to provide a DNA sample.(e) If the supreme court reverses a determination that a DNA sample shall be provided, the department shall destroy the DNA sample and expunge the DNA record as provided in section 1940 of this subchapter.(f) Venue for proceedings under this section shall be in the territorial unit of the superior court where the conviction occurred. Hearings under this section shall be conducted by the superior court without a jury and shall be subject to the Vermont Rules of Civil Procedure as consistent with this section. The state has the burden of proof by a preponderance of the evidence. Affidavits of witnesses shall be admissible evidence which may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five days prior to the hearing.(g) A decision of the superior court under this section may be appealed as a matter of right to the supreme court. The court's order shall not be stayed pending appeal unless the respondent is reasonably likely to prevail on appeal. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2009, No. 154 (Adj. Sess.), § 158.)
20 V.S.A. § 1936
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1936. Compatibility with national system; authority to enter into DNA identification index system agreements with state, federal and foreign jurisdictions

§ 1936. Compatibility with national system; authority to enter into DNA identification index system agreements with state, federal and foreign jurisdictions|The DNA database system established by the state shall be compatible with the FBI's national DNA identification index system currently referred to as CODIS. The state may enter into any agreement with a state, federal or foreign law enforcement agency that provides for participation in a state, federal or foreign DNA identification index system, including CODIS, provided that the agreements shall be consistent in all material respects with this subchapter. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1937
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1937. Authorized analysis of DNA samples

§ 1937. Authorized analysis of DNA samples|(a) Analysis of DNA samples is authorized:  (1) to type the genetic markers from DNA samples for law enforcement identification purposes; (2) if personal identifying information is removed, for protocol development and administrative purposes, including:  (A) development of a population database; (B) to support identification protocol development of forensic DNA analysis methods; and (C) for quality control purposes; or  (3) to assist in the identification of human remains.   (b) Analysis of DNA samples obtained pursuant to this subchapter is not authorized for identification of any medical or genetic disorder. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1938
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1938. Storage and use of samples and records

§ 1938. Storage and use of samples and records|(a) A DNA sample and a DNA record obtained pursuant to this subchapter shall be used only for the purposes authorized in this subchapter and may be provided to law enforcement agencies for lawful law enforcement purposes.(b) The tissue, fluid, or other substance from which the DNA is extracted shall be used only for DNA sample analysis authorized in this subchapter and may be provided to law enforcement agencies only for DNA sample analysis for use in any investigation and prosecution.(c) Only DNA samples shall be stored in the state DNA data bank.(d) Only DNA records derived from DNA samples shall be stored in the state DNA database.(e) Except as provided in section 1939 of this chapter, no DNA records derived from DNA samples shall be aggregated or stored in any database, other than CODIS and the state DNA database, that is accessible by any person other than by the department for the purpose for which the samples were collected.(f)(1) Except for forensic unknown samples, no samples of tissue, fluid or other biological substance voluntarily submitted or obtained by the execution of a nontestimonial identification order shall be entered into the state DNA data bank. However, such samples may be used for any other purpose authorized in section 1937 of this subchapter.  (2) Notwithstanding the prohibition of subdivision (1) of this subsection, any sample which may lead to an exculpatory result shall be used only for the purpose of the criminal investigation and related criminal prosecution for which the samples were obtained. Upon the conclusion of the criminal investigation and finalization of any related criminal prosecution, such samples shall be placed under seal, and shall not be used for any purpose whatsoever, except pursuant to a judicial order for good cause shown. (3) Notwithstanding the prohibition of subdivision (1) of this subsection, any sample which may lead to an exculpatory result shall be used only for the purpose of the criminal investigation and related criminal prosecution for which the samples were obtained. Upon the conclusion of the criminal investigation and finalization of any related criminal prosecution, the genetic records shall be placed under seal, and shall not be used for any purpose whatsoever, except pursuant to a judicial order for good cause shown.   (g) Except for records obtained from forensic unknown samples, no DNA records of samples of tissue, fluid or other biological substance which were obtained as the result of either consensual submission of biological evidence or the execution of a nontestimonial identification order shall be entered into the state DNA database. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1939
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1939. Population database

§ 1939. Population database|(a) Only the DNA records derived from the DNA samples obtained under sections 1933 and 1934 of this title, DNA records voluntarily submitted to the population database, and DNA records from population databases in existence on January 1, 1999 may be used to develop a population database after all personal identifying information is removed.(b) Nothing shall prohibit the laboratory from sharing or disseminating a population database with other law enforcement agencies, crime laboratories that serve them, or other third parties the laboratory deems necessary to assist the laboratory with statistical analysis of the laboratory's population databases. The population database may be made available to other agencies participating in CODIS. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1940
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1940. Expungement of records and destruction of samples

§ 1940. Expungement of records and destruction of samples|(a) In accordance with procedures set forth in subsection (b) of this section, the Department shall destroy the DNA sample and any records of a person related to the sample that were taken in connection with a particular alleged designated crime in either of the following circumstances:  (1) A person's conviction related to an incident that caused the DNA sample to be taken is reversed, and the case is dismissed. (2) The person is granted a full pardon related to an incident that caused the DNA sample to be taken.   (b) If any of the circumstances in subsection (a) of this section occur, the court with jurisdiction or, as the case may be, the Governor, shall so notify the Department, and the person's DNA record in the State DNA database and CODIS and the person's DNA sample in the State DNA data bank shall be removed and destroyed. The Laboratory shall purge the DNA record and all other identifiable information from the State DNA database and CODIS and destroy the DNA sample stored in the State DNA data bank. If the person has more than one entry in the State DNA database, CODIS, or the State DNA data bank, only the entry related to the dismissed case shall be deleted. The Department shall notify the person upon completing its responsibilities under this subsection, by certified mail addressed to the person's last known address.(c) If the identity of the subject of a forensic unknown sample becomes known and that subject is excluded as a suspect in the case, the sample record shall be removed from the State DNA database upon the conclusion of the criminal investigation and finalization of any criminal prosecution.(d) If a DNA sample from the State DNA database, CODIS, or the State DNA data bank is matched to another DNA sample during the course of a criminal investigation, the record of the match shall not be expunged even if the sample itself is expunged in accordance with the provisions of this section. If a match has been made and any of the circumstances in subsection (a) of this section occur, the Department may confirm the match prior to expunging the sample. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83, § 9, eff. June 28, 2005; 2009, No. 1, § 22, eff. March 4, 2009; 2009, No. 1, § 25, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 3, eff. May 23, 2016.)
20 V.S.A. § 1941
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1941. Confidentiality of records

§ 1941. Confidentiality of records|(a) All DNA samples submitted to the laboratory pursuant to this subchapter shall be confidential.(b) DNA records shall not be used for any purpose other than as provided in section 1937 of this subchapter; provided that in appropriate circumstances such records may be used to identify missing persons.(c) Any person who intentionally violates this section shall be imprisoned not more than one year or fined not more than $10,000.00, or both.(d) Any individual aggrieved by a violation of this section may bring an action for civil damages including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1942
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1942. Adoption of rules and guidelines

§ 1942. Adoption of rules and guidelines|(a) The department shall adopt rules pursuant to chapter 25 of Title 3 governing the procedures to be used in the collection, submission, identification, dissemination, analysis and storage of DNA samples and the DNA record of DNA samples submitted under this subchapter.(b) The department shall adopt rules pursuant to chapter 25 of Title 3 governing the methods of obtaining information from the state database and CODIS, and procedures for verification of the identity and authority of the requester.(c) The department shall also adopt guidelines to ensure that DNA identification records meet relevant audit standards for forensic DNA laboratories and that the laboratory procedures include the implementation of DNA quality assurance and proficiency testing standards issued by the FBI director.(d) The rules and guidelines required by this section shall be adopted on or before December 1, 1998. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1943
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1943. Responsibility of department of public safety

§ 1943. Responsibility of department of public safety|The department shall be responsible for establishing and maintaining the state DNA database and state DNA data bank as established by this subchapter. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1944
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1944. Limitation of liability for collection of DNA samples

§ 1944. Limitation of liability for collection of DNA samples|No civil or criminal liability shall attach to any person authorized to withdraw blood as a result of the act of collecting DNA samples under this subchapter, provided the DNA samples are collected according to recognized medical procedures. However, no person shall be relieved from liability for negligence in withdrawing of a DNA sample. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1945
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 113 - Commissioner and Members|§ 1945. Unlawful tampering with DNA samples

§ 1945. Unlawful tampering with DNA samples|A person who knowingly or intentionally, without lawful authority, tampers or attempts to tamper with a DNA sample shall be imprisoned not more than three years or fined not more than $10,000.00, or both. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
20 V.S.A. § 1951
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 114 - New England State Police Compact|§ 1951. Purposes- Article I

§ 1951. Purposes- Article I|The purposes of this compact are to:  1. Provide close and effective cooperation and assistance in detecting and apprehending those engaged in organized criminal activities; 2. Establish and maintain a central criminal intelligence bureau to gather, evaluate and disseminate to the appropriate law enforcement officers of the party states information concerning organized crime, its leaders and their associates; 3. Provide mutual aid and assistance in the event of police emergencies, and to provide for the powers, duties, rights, privileges and immunities of police personnel when rendering such aid. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
20 V.S.A. § 1952
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 114 - New England State Police Compact|§ 1952. Entry into force and withdrawal- Article II

§ 1952. Entry into force and withdrawal- Article II|(a) This compact shall enter into force when enacted into law by any three of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter, this compact shall become effective as to any other of the aforementioned states upon its enactment thereof.(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal, and any records, files or information obtained by officers or employees of a withdrawing state shall continue to be kept, used and disposed of only in such manner as is consistent with this compact and any rules or regulations pursuant thereto. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
20 V.S.A. § 1954
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 114 - New England State Police Compact|§ 1954. Conference powers- Article IV

§ 1954. Conference powers- Article IV|The conference shall have power to:  (a) Establish and operate a New England criminal intelligence bureau, hereinafter called "the bureau," in which shall be received, assembled and kept case histories, records, data, personal dossiers and other information concerning persons engaged or otherwise associated with organized crime. (b) Consider and recommend means of identifying leaders and emerging leaders of organized crime and their associates. (c) Facilitate mutual assistance among the state police of the party states pursuant to article VII of this compact. (d) Formulate procedures for claims and reimbursements, pursuant to article VII. (e) Promote cooperation in law enforcement and make recommendations to the party states and other appropriate law enforcement authorities for the improvement of such cooperation. (f) Do all things which may be necessary and incidental to the exercise of the foregoing powers. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
20 V.S.A. § 1955
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 114 - New England State Police Compact|§ 1955. Disposition of records and information- Article V

§ 1955. Disposition of records and information- Article V|The bureau established and operated pursuant to article IV(a) of this compact is hereby designated and recognized as the instrument for the performance of a central criminal intelligence service to the state police departments of the party states. The files, records, data and other information of the bureau and, when made pursuant to the bylaws of the conference, any copies thereof shall be available only to duly designated officers and employees of the state police departments of the party states acting within the scope of their official duty. In the possession of the aforesaid officers and employees, such records, data, and other information shall be subject to use and disposition in the same manner and pursuant to the same laws, rules and regulations applicable to similar records, data and information of the officer's or employee's agency and the provisions of this compact. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
20 V.S.A. § 1956
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 114 - New England State Police Compact|§ 1956. Additional meetings and services- Article VI

§ 1956. Additional meetings and services- Article VI|The members of the conference from any two or more party states, upon notice to the chairman as to the time and purpose of the meeting, may meet as a section for the discussion of problems common to their states. Any two or more party states may designate the conference as a joint agency to maintain for them such additional common services as they may deem desirable for combating organized crime. Except in those cases where all party states join in such designation for common services, the representative of any group of such designating states in the conference shall constitute a separate section of such conference for the performance of the common service or services so designated provided that, if any additional expense is involved, the state so acting shall provide the necessary funds for this purpose. The creation of such a section or joint agency shall not affect the privileges, powers, responsibilities or duties of the states participating therein as embodied in the other articles of this compact. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
20 V.S.A. § 1959
2021 Vermont Statutes|Title 20 - Internal Security and Public Safety|Chapter 114 - New England State Police Compact|§ 1959. Construction and severability- Article IX

§ 1959. Construction and severability- Article IX|This compact shall be liberally construed so as to effectuate the purpose thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)