44-6-106. Release of DNA records. - Montana Statutes

     44-6-106. Release of DNA records. (1) The DNA records contained in the DNA identification index may be released only for the following purposes:
     (a) to federal, state, and local law enforcement agencies for law enforcement identification purposes;
     (b) for criminal defense purposes, to a defendant for whom there is a DNA record, who is also entitled to samples and analyses held as part of the record;
     (c) to assist in the identification of human remains, including missing persons; and
     (d) if information allowing a person to be identified is removed, for a population statistics database and for identification, research, and protocol development for forensic DNA analysis and quality control.
     (2) Requests for DNA records must be in writing, signed by the requesting party, and maintained on file in the DNA identification index in accordance with rules adopted by the department.
     (3) A defendant in a criminal proceeding is entitled to information in the DNA identification index relating to the number of requests previously made for comparison searches relating to the defendant and the names of the requesting parties.

     History: En. Sec. 4, Ch. 251, L. 1995.