LD 380
pg. 5
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LR 265
Item 1

 
2-A.__Person to collect biological sample.__A person described
in subsection 2, a corrections officer, a probation officer or a
juvenile community corrections officer may collect a biological
sample that is not a blood sample.

 
3. Liability. A person authorized under this section to draw
blood or collect other biological samples is not liable for
damages or liable for the act of drawing a blood or collecting
another biological sample for DNA analysis when that person
exercises due care in drawing blood or collecting the blood
biological sample.

 
4. Crime lab. All blood biological samples collected
pursuant to this Act must be forwarded to the crime lab for DNA
analysis.

 
Sec. 5. 25 MRSA §1576, as enacted by PL 1995, c. 457, §1, is
amended to read:

 
§1576. Procedure for collection; conducting DNA analysis

 
The Chief of the State Police may adopt rules governing the
procedures to be used in the collection, submission,
identification, analysis and storage of DNA samples and the
results of the typing of blood biological samples submitted
pursuant to this Act. The DNA biological sample must be securely
stored in the state DNA data bank. The results of the typing of
the blood biological samples must be securely stored in the state
DNA data base.

 
Sec. 6. 25 MRSA §1577, sub-§2, ¶D, as enacted by PL 1995, c. 457, §1,
is amended to read:

 
D. A person who has been identified and charged with a
criminal offense or a juvenile crime as a result of a search
of DNA records stored in the state DNA data base. A person
who has been identified and charged with a criminal offense
or a juvenile crime has access only to that person's records
and any other records that person is entitled to under the
Maine Rules of Evidence.

 
Sec. 7. 25 MRSA §1577, sub-§4, as enacted by PL 1995, c. 457, §1, is
amended to read:

 
4. Expungement. A person whose DNA record has been stored in
the state DNA data base may petition the Superior Court for
expungement on the ground that the conviction or adjudication

 
justifying the inclusion of the DNA record in the state DNA data
base has been reversed or dismissed. Upon receipt of an
expungement order and a certified copy of the order reversing and


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