| | | 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. |
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| | | 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. |
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| | | 4. Crime lab. All blood biological samples collected | | pursuant to this Act must be forwarded to the crime lab for DNA | | analysis. |
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| | | Sec. 5. 25 MRSA §1576, as enacted by PL 1995, c. 457, §1, is | | amended to read: |
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| | | §1576. Procedure for collection; conducting DNA analysis |
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| | | 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. |
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| | | Sec. 6. 25 MRSA §1577, sub-§2, ¶D, as enacted by PL 1995, c. 457, §1, | | is amended to read: |
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| | | 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. |
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| | | Sec. 7. 25 MRSA §1577, sub-§4, as enacted by PL 1995, c. 457, §1, is | | amended to read: |
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| | | 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 |
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| | | 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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