Fazendeiro, Rory Zack

Pacheco, Helena R.

English

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1998 Survey of Rhode Island Law: Legislation: Criminal Law: An Act Relating to Identification and Apprehension of Criminal

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Roger Williams University Law ReviewVolume 4 | Issue 2 Article 24Spring 19991998 Survey of Rhode Island Law: Legislation:Criminal Law: An Act Relating to Identificationand Apprehension of CriminalRory Zack FazendeiroRoger Williams University School of LawHelena R. PachecoRoger Williams University School of LawFollow this and additional works at: http://docs.rwu.edu/rwu_LRThis Survey of Rhode Island Law is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion inRoger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact mwu@rwu.edu.Recommended CitationFazendeiro, Rory Zack and Pacheco, Helena R. (1999) "1998 Survey of Rhode Island Law: Legislation: Criminal Law: An ActRelating to Identification and Apprehension of Criminal," Roger Williams University Law Review: Vol. 4: Iss. 2, Article 24.Available at: http://docs.rwu.edu/rwu_LR/vol4/iss2/24SURVEY SECTIONCriminal Law. An Act Relating to Identification and Apprehen-sion of Criminals. The legislation provides the procedure for, andregulation of DNA detection of sexual and violent crime offenders.The Act establishes a state DNA database and databank managedby the department of health. This system utilizes computersoftware compatible with the program and procedures of the FBI tostore DNA samples from adult persons convicted of certain sexualand violent crimes. In addition, the department of health is au-thorized to promulgate procedure for the effective collection, analy-sis, storage, and disposition of DNA samples in accordance withthe Act. Effective, June 29, 1998. 1998 R.I. Pub. Laws ch. 33.The legislation (the Act) represents a recognition of the signifi-cant benefits of DNA databases and databanks in criminal investi-gations and in the detection and deterrence of repeated criminalacts.' The DNA database and databank institutes a means for col-lecting DNA samples "of individuals convicted of certain sexualand violent offenses and missing persons."2 Furthermore, the leg-islation will assist federal, state, and local law enforcement inidentifying and locating individuals in criminal investigations. 3The provisions of the Act establish both a DNA database andDNA databank. The function of the DNA database is to obtain andstore DNA records.4 This database assists the FBI in gatheringrecords for their national DNA index system.5 Information andrecords for the state database will be stored in computer softwareadministered by the department of health.6 These records relateto forensics, missing persons, convicted offenders who are requiredto submit DNA samples under this Act, and anonymous DNArecords used to establish sound technology management and con-trol. 7 The DNA databank, on the other hand, functions as theDNA receptacle; it contains the actual DNA samples provided bypersons who are convicted of specified crimes under the Act.81. See 1998 R.I. Pub. Laws ch. 33.2. R.I. Gen. Laws § 12-1.5-1 (1956) (1994 Reenactment & Supp. 1998).3. See id.4. See id. § 12-1.5-4.5. See id.6. See id.7. See id.8. See id. § 12-1.5-5.1999] 829830 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 4:605In general, the department of health is empowered with theadministration of the program.9 Specifically, it is responsible forthe management and procedure of both the DNA database anddatabank. 10 In addition, the department of health shall declareany rule or regulation that will contribute to the efficient adminis-tration of the Act's provisions.1 Finally, it acts as a liaison be-tween the state database, the FBI, and any other criminalinvestigation bureaus. 12Every person, upon conviction of certain sexual and violent of-fenses, 13 is required to have a DNA sample taken.' 4 Any personwho refuses to take a required DNA sample is in violation of theterms of his or release on probation. 15 After a DNA sample istaken and recorded, a person may petition for expungement if hisor her conviction has been reversed.16 These DNA records areavailable to criminal justice agencies and their approved forensiclaboratories, prosecuting attorneys, courts, and grand juries.' 7The procedure for obtaining the sample is specifically providedto ensure precision and safety. For example, only medically quali-fied individuals may withdraw a DNA sample.' 8 Moreover, theprocedures for collecting, identifying, and storing DNA samplesmust "meet or exceed the current standards for quality assuranceand proficiency testing for DNA analysis issued by the FBI."' 9 Af-ter records are input into the database, they may be obtained onlythrough encryption codes that are confidential to the department'sauthorized personnel. 20Rory Zack Fazendeiro9. See id. § 12-1.5-3.10. See id.11. See id.12. See id.13. See id. § 12-1.5-7. For the a list of the enumerated sexual and violentcriminal offenses applicable under this section, see section 12-1.5-7.14. See id. § 12-1.5-8.15. See id. § 12-1.5-17.16. See id. § 12-1.5-13.17. See id. § 12-1.5-11.18. See id. § 12-1.5-9.19. Id. § 12-1.5-10.20. See id.

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1998 Survey of Rhode Island Law: Legislation: Criminal Law: An Act Relating to Identification and Apprehension of Criminal

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