# Title 10 — Attorney General

## Article 10-17 — State Crime Laboratory

## Chapter 10-17-01 — DNA Analysis

Samples
### § 10-17-01-01. Scope.

This article is applicable to all qualifying offenders pursuant to North Dakota Century Code chapter
31-13.
History: Effective May 1, 2004.
General Authority: NDCC 31-13-08
Law Implemented: NDCC 31-13-08
### § 10-17-01-02. Definitions.

The following terms are defined as follows for purposes of this chapter, unless otherwise made
appropriate by use and context.
1. "Buccal swab" means a sample from the inside of the mouth taken by scraping the cheek. The
sample includes saliva.
2. "Designated agency" means the entity responsible for the collection of DNA samples.
3. "Division" means the state crime laboratory division of the office of the attorney general.
4. "DNA identification index" means the division's DNA identification record system and the
federal bureau of investigation's combined DNA index system, established under North
Dakota Century Code section 31-13-05.
5. "DNA record" means DNA identification information stored in the state DNA data base and the
federal bureau of investigation's combined DNA index system for purposes of generating
investigative leads, establishing identification in connection with law enforcement
investigations, and supporting statistical interpretation of the results of DNA analysis. The DNA
record is considered the objective form of the results of analysis, such as numerical
representation of DNA fragment lengths, and discrete allele assignments.
6. "DNA testing" means DNA analysis of samples collected from the human body, crime scenes,
medical examinations, unidentified human remains, and qualified offenders for the purposes of
identification.
7. "Kit" means the sample collection kit provided by the division.

8. "Marker" means a method of describing individuals by the genetic loci recognized for the
participation in the combined DNA index system.
9. "Other body fluids" means a sample of fluid containing human cells, including saliva, in which
markers can be profiled from a qualifying offender.
10. "Qualified medical personnel" means any person trained in sampling techniques and approved
by the division to collect DNA samples.
11. "Qualifying offender" means a person eighteen years of age or over arrested for a felony
offense; a person required to register under North Dakota Century Code section 12.1-32-15;
or a person convicted of an offense described in North Dakota Century Code section
31-13-03.
12. "Registering agency" means a law enforcement agency where a qualifying individual is
required to register under North Dakota Century Code section 12.1-32-15.
13. "Sample" includes a vial of blood and other body fluids collected from a qualifying offender.
14. "Sampling techniques" includes venipuncture and buccal swab and other recognized medical
techniques.
15. "Venipuncture" means a puncture of a vein as for drawing blood.
History: Effective May 1, 2004; amended effective April 1, 2010.
General Authority: NDCC 31-13-08
Law Implemented: NDCC 31-13-08
### § 10-17-01-03. Responsibility for collection of DNA.

1. The following agencies are designated agencies for the collection of DNA samples from
qualifying offenders:
a. If the qualifying offender has not previously had a sample collected for inclusion in the
law enforcement DNA database, the law enforcement agency in the county where the
qualifying offender has been arrested or the correctional facility where the qualifying
offender has been booked for the commission of a felony offense shall collect the DNA
sample.
b. If the qualifying offender has not previously had a sample collected for inclusion in the
law enforcement DNA database and is serving a term of incarceration in a correctional
facility subject to North Dakota Century Code chapter 12-44.1, the correctional facility
shall collect the DNA sample prior to release of the offender.
c. If the qualifying offender has not previously had a sample collected for inclusion in the
law enforcement DNA database and is in the custody of the department of corrections
and rehabilitation, the department of corrections and rehabilitation shall collect the DNA
sample.
d. If the qualifying offender has not previously had a sample collected for inclusion in the
law enforcement DNA database and is subject to probation under the supervision and
management of the department of corrections and rehabilitation, the department of
corrections and rehabilitation shall collect the DNA sample from the offender prior to
expiration of the offender's probation.
e. If the qualifying offender has not previously had a sample collected for inclusion in the
law enforcement DNA database and is required to register under North Dakota Century

Code section 12.1-32-15, the registering agency in the county where the qualified
offender is registered shall collect the DNA sample.
2. At the time of arrest or booking, registration under North Dakota Century Code section
12.1-32-15, or sentencing, if no order has been issued requiring the qualifying offender to
provide a sample and the qualified offender refuses to provide a sample, the designated
agency may ask the state's attorney of the county of arrest, registration under North Dakota
Century Code section 12.1-32-15, or conviction, or the county in which the offender is located,
to request the court to issue an order requiring the qualifying offender to submit a DNA sample
for inclusion in the law enforcement DNA database. The court may require the qualifying
offender to pay costs.
3. If the qualifying offender voluntarily consents to provide the sample, no court order is
necessary.
History: Effective May 1, 2004; amended effective April 1, 2010.
General Authority: NDCC 31-13-08
Law Implemented: NDCC 12.1-32-15, 31-13-03
### § 10-17-01-04. Procedures for collection of samples.

1. The division shall provide kits to the designated agencies as needed. Each kit must include a
receipt form, an instruction sheet, and containers for sample collections.
2. The collection site shall be any location chosen by the designated agency for sample
collection.
3. The qualifying offender must be identified by the designated agency by one or more of the
following: a driver's license, fingerprints, identification by law enforcement that has the
qualifying offender in custody, or any other reasonable means within the designated agency's
discretion before the samples are collected.
4. The samples must be collected by a qualified individual approved by the division.
5. The receipt form must be completed by the designated agency at the time of sample
collection.
6. The completed kit must be delivered or sent to the division address indicated in the kit
instructions.
7. All costs associated with the collection of the sample must be assessed to the qualifying
offender as provided in North Dakota Century Code section 31-13-03.
History: Effective May 1, 2004; amended effective April 1, 2010.
General Authority: NDCC 31-13-08
Law Implemented: NDCC 31-13-04
### § 10-17-01-05. Procedures for analysis of samples.

The division shall perform DNA analysis in accordance with the quality assurance standards
established by the federal bureau of investigation.
History: Effective May 1, 2004; amended effective April 1, 2010.
General Authority: NDCC 31-13-08
Law Implemented: NDCC 31-13-05

### § 10-17-01-06. Procedures for classification of samples.

The division shall classify samples in accordance with the quality assurance standards established
by the federal bureau of investigation for inclusion of DNA records in the combined DNA index system.
History: Effective May 1, 2004; amended effective April 1, 2010.
General Authority: NDCC 31-13-08
Law Implemented: NDCC 31-13-05
### § 10-17-01-07. Procedures for database system usage and integrity.

1. Except as provided in subsection 2, the results of the genetic marker profile may be disclosed
only to:
a. Criminal justice agencies for law enforcement official purposes;
b. A defendant for criminal defense purposes in response to valid subpoenas or other court
orders;
c. Any person who is the subject of a record;
d. A public official or the official's authorized agent who requires that information in
connection with the discharge of the official's duties; or
e. Any other person required by law.
2. In addition, the division may use test results for system integrity and quality control, including
assisting in a population statistics database and for other research purposes if personally
identifying information is removed.
3. The DNA identification index may include the analysis of DNA samples recovered from crime
scenes, medical examinations, unidentified human remains, and qualified offenders. For the
purpose of missing persons, the DNA identification index may include DNA records of close
biological relatives of a missing person.
4. If a court with proper jurisdiction has ordered an expungement and no other grounds exist for
sample collection, the record of the sample will be removed from the database and all
samples from the person will be destroyed.
History: Effective May 1, 2004; amended effective April 1, 2010.
General Authority: NDCC 31-13-06, 31-13-07, 31-13-09
Law Implemented: NDCC 31-13-08
### § 10-17-01-08. Procedures for contracting with another laboratory for analysis and

classification of samples.
1. The division shall follow state procurement procedures when contracting for analysis of
samples.
2. The division shall contract with laboratories that hold a current accreditation from the
association of crime laboratory directors laboratory accreditation board.
3. The cost of the procedure must be assessed to the qualifying offender as designated in North
Dakota Century Code chapter 31-13.
History: Effective May 1, 2004.
General Authority: NDCC 31-13-03, 31-13-08
Law Implemented: NDCC 31-13-08
