CHAPTER Saf-C 6700 DNA DATABASE RECORDS RULES

PART Saf-C 6701 PURPOSE

Saf-C 6701.01 Purpose. The purpose of these rules is to establish procedures for the dissemination of information contained in the DNA database to law enforcement agencies and for the expungement of records contained in the DNA database upon reversal and dismissal of a conviction.

PART Saf-C 6702 DEFINITIONS

Saf-C 6702.01 "CODIS" means "CODIS" as defined in RSA 651-C:1, I. The term includes "DNA database".

Saf-C 6702.02 "Commissioner" means commissioner of the department of safety or the commissioner's designee.

Saf-C 6702.03 "Department" means "department" as defined in RSA 651-C:1, II.

Saf-C 6702.04 "Division" means "division" as defined in RSA 651-C:1, III.

Saf-C 6702.05 "DNA" means "DNA" as defined in RSA 651-C:1, IV.

Saf-C 6702.06 "DNA record" means "DNA record" as defined in RSA 651-C:1, V.

PART Saf-C 6703 DISSEMINATION OF INFORMATION IN DNA DATABASE

Saf-C 6703.01 Requests for Information.

(a) "Law enforcement officer", for the purposes of this section, includes:

(1) The following from any state:

a. Sheriff or deputy sheriff of any county;

b. State police officer;

c. A constable or police officer of any city or town;

d. An official of any jail or corrections institution;

e. A conservation officer;

f. A probation or parole officer; or

g. Any CODIS participating laboratory;

(2) Any federal law enforcement officer.

(b) Pursuant to RSA 651-C:3, I information contained in the DNA database may be requested by law enforcement officers in furtherance of an official investigation of any criminal offense.

(c) All requests shall be submitted to: Department of Safety, Commissioner's

Office, 33 Hazen Drive, Concord, NH 03305. Requests may be faxed to (603) 271- 3903.

(d) Each request by a law enforcement officer shall:

(1) Be submitted in writing on official agency letterhead;

(3) Be limited to the request for information related to one individual; and

(4) Include the name and contact information of the individual submitting the request.

(e) Unless the identity and authority of the requestor is known to the commissioner, the commissioner shall verify the identity and authority of the requestor.

(f) The commissioner shall deny the request if the commissioner determines that:

(1) The requested information does not meet the requirements of (d), above; or

(2) The release of information is not authorized by RSA 651-C:3, I.

(g) Any information provided from the DNA database shall not be transferred or made available to any other person or entity not authorized pursuant to RSA 651-C:3, I.

(h) Requests pursuant to (d) above shall be maintained on file with the division.

Saf-C 6703.02 Requesting a Copy of Request for Search.

(a) Pursuant to RSA 651-C:3, III a copy of the request for information set forth in Saf-C 6703.01(d) shall be provided to any person, upon request, who is identified and charged with an offense as a result of a search of information in the DNA database.

(b) Each request pursuant to (a) above shall:

(1) Be submitted in writing by the person and notarized; or

(2) Be submitted in writing by the person's legal representative.

(c) Pursuant to RSA 651-C:3, III, the existence of data in the DNA database shall be confirmed or information shall be disseminated only following an analysis and confirmed match between the biological sample submitted from the person and the DNA record contained in the DNA database.

(d) Requests pursuant to (a) above shall be maintained on file with the division.

Source. #7748, eff 8-17-02

PART Saf-C 6704 EXPUNGEMENT OF DNA DATABASE RECORDS

Saf-C 6704.01 Procedure for Expungement.

(a) Pursuant to RSA 651-C:5 a person whose DNA record has been included in the DNA database may request expungement on the grounds that the criminal conviction on which the authority for including such person's DNA record was based has been reversed or dismissed.

(b) All requests shall be submitted to: Department of Safety, Commissioner's Office, 33 Hazen Drive, Concord, NH 03305.

(c) All requests for expungement pursuant to RSA 651-C:5, I shall be submitted in writing by the person or his/her legal representative and shall include a certified copy of the court order reversing or dismissing the conviction.

(d) Upon receipt of the request, the commissioner shall verify the validity of the court order.

(e) A criminal records history shall be conducted of the person, in order to determine if any other qualifying offenses exist, as set forth in RSA 651-C:1, VIII and IX.

(f) If no other qualifying offenses exist, as set forth in RSA 651-C:1, VIII and IX, all records and identifiable information in the DNA database pertaining to said offense, along with any biological samples provided by the person, shall be purged.

(g) If other qualifying offenses exist, as set forth in RSA 651-C:1, VIII and IX, all identifiable information in the DNA database pertaining to the offense, along with any biological samples provided by the person, shall remain in the DNA database and not be purged.

(h) Pursuant to RSA 651-C:5, II, the DNA record of juvenile sexual offender shall be maintained in the DNA database and shall not be automatically expunged from the DNA database upon the person reaching the age of adulthood.

(i) Requests pursuant to (c), above shall be maintained on file with the division.