Massachusetts · statute · Mass. Gen. Laws ch. 22E · 15 active provisions
Section 1. As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:— ''CODIS'' or ''combined DNA index system'', the Federal Bureau of Investigation's national DNA identification index system which facilitates the storage and exchange of DNA records…
Section 2. There is hereby established within the department of state police a state DNA database under the direction of the director. The director shall be a person knowledgeable in the field of forensic sciences and shall be paid an annual salary which shall be set by the colonel in consultation with the secretary of…
Section 3. (a) Any person who is convicted of an offense that is punishable by imprisonment in the state prison and any person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult shall submit a DNA sample to the department or the…
Section 4. (a) The director may establish regulations or procedures for the collection of DNA samples, including standards for training and licensing personnel who may collect such samples. A physician, registered professional nurse, licensed practical nurse, phlebotomist, health care worker with phlebotomist training,…
Section 5. The department shall provide all collection materials, labels and instructions for the collection of DNA samples pursuant to this chapter.
Section 6. All DNA samples collected pursuant to sections 3 and 4 shall be forwarded to the director for the purpose of DNA analysis. The director shall provide for the receipt and analysis of DNA samples and for the filing and storage of DNA records derived from such DNA analysis in the state DNA database. The directo…
Section 7. The department is hereby authorized to establish such laboratories and facilities within the commonwealth as may be necessary to conduct forensic and DNA analysis. Notwithstanding the provisions of any general or special law to the contrary, the department is hereby authorized to enter into such contracts, a…
Section 8. The director shall establish procedural rules governing the testing and analysis of DNA samples and a quality assurance program, which shall include proficiency standards for laboratories and analysts responsible for performing DNA testing and analysis. Such procedural rules and quality assurance program sha…
Section 9. All DNA records collected pursuant to this chapter shall be confidential and shall not be disclosed to any person or agency unless such disclosure shall be authorized by this chapter. DNA records shall not be stored in a criminal offender record information system operated by the department of criminal justi…
Section 10. (a) The director shall furnish records in his possession, including DNA records and analysis, to police departments in cities and towns, to the department, to the department of correction, to a sheriff's department, to the parole board or to prosecuting officers within the commonwealth upon request in writi…
Section 11. A person required to provide a DNA sample pursuant to this chapter and who, after notice, willfully fails to provide such DNA required by section 3 shall be subject to punishment by a fine of not more than $2,000 or imprisonment in a jail or house of correction for not more than 6 months or both.
Section 12. Any person who, by virtue of employment or official position, has possession of, or access to, a DNA sample or record or portion thereof contained in the state DNA database and who purposely discloses such record or portion thereof in any manner to any person or agency not authorized to receive such record…
Section 13. Any person who, without proper authorization, willfully obtains a DNA record or a portion thereof contained in the state DNA database shall be subject to punishment by a fine of not more than $1,000 or imprisonment in a jail or house of correction for not more than six months or both.
Section 14. Any person who tampers with or attempts to tamper with a DNA sample or DNA record with the intent to interfere with DNA analysis shall be subject to punishment by a fine of not more than $5,000 or imprisonment in the state prison for not more than five years or in a jail or house of correction for not more…
Section 15. Any person whose DNA record has been included in the state DNA database may apply to the superior court to have such record expunged on the grounds that the conviction or judicial determination that resulted in the inclusion of the person's DNA record in the state DNA database has been reversed and the case…