Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

References:

Ala. Code § 36-18-28

Alaska Stat. § 11.56.762

No provision

Ark. Code Ann. § 12-12-1111

Cal. Penal Code § 297

Colo. Rev. Stat. Ann. § 24-72-305

Conn. Gen. Stat. Ann. § 54-102k

Del. Code Ann. 29 § 4713

No provision

Ga. Code Ann. § 24-4-64

Haw. Rev. Stat. Ann. § 706-603

Idaho Code §19-5514

730 Ill. Comp. Stat. Ann. § 5/5-4-3

Ind. Code Ann. § 10-13-6-21

No provision

Ky. Rev. Stat. Ann. § 17.170

La. Rev. Stat. Ann. § 15:617

Me. Rev. Stat. Ann. 25 § 1578

Md. Code Ann., Pub. Saf. § 2-512

Mass. Gen. Laws Ann. 22E § 12

No provision

Mo. Ann. Stat. § 650.055

Mont. Code Ann. § 44-6-108

Neb. Rev. Stat. § 29-4110

No provision

N.H. Rev. Stat. Ann. § 651:C-4

N.J. Stat. Ann. § 53:1-20.26

N.M. Stat. Ann. § 29-16-12

N.Y. Exec. Law § 995-f

N.C. Gen. Stat. § 15A-266.11

N.D. Cent. Code § 31-13-09

Ohio Rev. Code Ann. § 109.573

Okla. Stat. Ann. 74 § 150.27a

No provision

Pa. Stat. Ann. 42 § 4731

R.I. Gen. Laws § 12-1.5-14

S.C. Code Ann. § 23-3-650

S.D. Codified Laws § 23-5A-26

No provision

Tex. Gov't Code Ann. §411.153

No provision

Vt. Stat. Ann. § 1941

Va. Code Ann. § 19.2-310.6

Wash. Rev. Code Ann. § 43.43.754

W. Va. Code Ann. § 15-2B-12

Wis. Stat. Ann. § 165.77

Wyo. Stat. Ann. § 7-19-404

Misuse of DNA

Ala. Code § 36-18-29

Ark. Code Ann. § 12-12-1115

Cal. Penal Code § 298

Colo. Rev. Stat. Ann. § 24-72-309

Haw. Rev. Stat. Ann. § 846-16

410 Ill. Comp. Stat. Ann. § 513/40

Ind. Code Ann. § 10-13-6-22

Ky. Rev. Stat. Ann. § 17.175

La. Rev. Stat. Ann. § 15:618

Mass. Gen. Laws Ann. 22E § 13

Mont. Code Ann. § 44-5-111

Neb. Rev. Stat. § 29-4111

N.M. Stat. Ann. § 24-21-6

N.Y. Exec. Law § 995-b

N.C. Gen. Stat. § 15A-266.9

N.D. Cent. Code § 31-13-04

Ohio Rev. Code Ann. § 109.99

Pa. Stat. Ann. 42 § 4732

R.I. Gen. Laws § 12-1.5-15

S.D. Codified Laws § 23-5A-20

Tex. Gov't Code Ann. §411.1532

Vt. Stat. Ann. § 1945

W. Va. Code Ann. § 15-2B-13

Samples and Records

Ala. Code § 36-18-35

Ark. Code Ann. § 12-12-1116

Cal. Penal Code § 299.5

Mass. Gen. Laws Ann. 22E § 14

Mont. Code Ann. § 44-5-112

Neb. Rev. Stat. § 29-4112

Pa. Stat. Ann. 42 § 4733

R.I. Gen. Laws § 12-1.5-12

S.D. Codified Laws § 23-5A-15

Tex. Gov't Code Ann. § 411.144

Ala. Code § 36-18-37

Ark. Code Ann. § 12-12-1117

Mont. Code Ann. § 44-2-205

Neb. Rev. Stat. § 29-4108

Pa. Stat. Ann. 42 § 4720

S.D. Codified Laws § 23-5A-27

Criminal Penalties for

Class B felony: Intentional destruction, mutilation,

No provision

Class D felony: Tampering with

No provision

Class D felony: Knowing or intentional,

No provision

Class D felony: Tampering with

Felony: Tampering with sample

No provision

Felony: Tampering with sample

No provision

Class E felony: Knowing tampering

No provision

Class C felony: Tampering with

No provision

Felony: Tampering with sample

No provision

Class 5 felony: Knowing or intentional

No provision

Felony: Knowing or intentional,

No provision

Misdemeanor: Willful removal,

No provision

Misdemeanor: (Willful ?)

Tampering with DNA

concealment, removal, impairment of the veracity or

sample or collection container

without lawful authority, tampering with sample

sample or collection container

or collection container

or record with intent to

with sample without lawful authority

sample or collection container

tampering with a sample or collection

without lawful authority,

destruction, or mutilation of

tampering with a DNA sample

Samples and Records

availability of records, knowing one lacks authorization

without lawful authority

or collection container

without lawful authority

interfere in DNA analysis

without lawful authority

container without lawful authority

tampering with sample

DNA samples, records or info

Criminal Penalties for,

Class B felony: Knowing falsification of entries

No provision

The detention, arrest, or conviction

The detention, arrest, or conviction of a person based upon

No provision

Dept. of Safety and its employees are not liable for the

No provision

Any DNA specimen taken in

No provision

The detention, arrest, or conviction of a

No provision

Detention, arrest, or conviction based on a

No provision

or Consequences of,

or alteration of records

of a person based on a database

a data bank match or data base info is not invalidated if the

erroneous collection and entry of samples in the database,

good faith may be kept and

person based on a database match or

database match or database information is

Improper Entry of DNA

match or database information is not

sample was obtained or placed in the data bank/base by

where the collection and entry were made in good faith

maintained in the database

database information is not invalidated

not invalidated if the sample was obtained or

Samples and Records

invalidated if the sample was obtained

mistake. DOJ and law enforcement agencies and employees

reliance that the individual was convicted of a qualifying

despite not having been procured

if the sample was obtained or placed

entered by mistake, or if the conviction was

Into the Database.

or placed in the database by mistake

immune from civil or criminal actions regarding mistaken entry

offense.

in compliance with the statute

in the database by mistake.

subsequently vacated or otherwise altered.

Criminal Penalties for I

Class C felony: Knowing and willful obtainment

Class C felony: Knowing

No provision

Class A misdemeanor: Knowing obtainment of

Felony or misdemeanor: Knowing use of a DNA sample or

No provision

Class A misdemeanor: Improper use or receipt of

Class A misdemeanor: Improper receipt

No provision

Felony: Unauthorized obtainment of sample submitted

Misdemeanor: Gaining unauthorized

No provision

Class 4 felony: Intentional misuse of DNA

Class A misdemeanor: Knowing or intentional

No provision

Class A misdemeanor: Improper receipt

Felony: Improper obtainment

No provision

Misdemeanor: Willful obtainment

Misdemeanor: Wilful obtainment

No provision

[§ 45-33-51 provides for

Class A misdemeanor:

No provision

Class III misdemeanor: Knowing

No provision

Class B felony: obtainment, for purpose of performing DNA

No provision

Felony (4°): Use of DNA samples or records

Class E felony: Intentional use or

Class 1 misdemeanor: wilfull

Class A misdemeanor: Improper receipt

Misdemeanor (1°): Purposeful obtainment

No provision

[§ 192.543 creates a misdemeanor penalty for

Misdemeanor (1°): Knowing obtainment of

Felony: Obtainment of DNA sample

Misdemeanor: Willful obtainment

Class 5 felony: Knowing or intentional

No provision

Misdemeanor: Intentional

Class 5 Felony: Obtainment, for purposes of having

No provision

Misdemeanor: Wilfull obtainment

[§ 943.201 penalizes "unauthorized

Misdemeanor: Willful obtainment

of individually identifiable information without

possession of DNA samples or

individually identifiable DNA information from the

profile for other than criminal ID or exclusion purposes.

databank information, knowing the use or receipt

or use of database information, knowing

to the Div. of Forensic Sciences for purposes of

access to database information.

information beyond the authorized scope

receipt or use of database information or

or use of database information, knowing

of individually identifiable DNA

of individually identifiable info

of a DNA record without

penalties for misuse of

Unauthorized use of

obtainment of individually identifiable

analysis, of a DNA sample submitted to lab for analysis

in a manner unauthorized by the DNA

receipt of DNA records or analysis

obtainment of individually identifiable

or use of database information, knowing

of individually identifiable DNA database

knowing, reckless, or negligent obtainment or

individually identifiable info from the

without authorization, for purposes of

of individually identifiable

use or receipt of DNA records or

use of DNA records for an

DNA analysis performed, of a sample submitted to

of individually identifiable info

use of of an individual's personal

of DNA records without

and Use of DNA

authorization; conspiracy of improper

records without authorization

database or databank without authorization

A criminal fine ($10K or 3x financial gain, whichever is

is for an unauthorized purpose.

such receipt or use is for a purpose

having DNA analysis performed

samples, knowing such receipt or use is

such receipt or use is for a purpose

information without authorization

from the DNA database

authorization

sex offender information.

individually identifiable

DNA records or samples from the

Class A misdemeanor: Improper receipt or use of

Identification Act

for an purpose unauthorized by law

info from the databank or database

such receipt or use is for a purpose

information without authorization

retention of genetic info; it's questionable

database or databank without

performing DNA analysis

information from the databsae

analyses for an unauthorized purpose

unauthorized purpose

the Division of Forensic Science.

from the databank or database

identifying information or documents"

authorization.

Samples and Records

obtainment

larger) is assessed against a person who knowingly

Class D felony: Unauthorized obtainment of DNA sample

unauthorized by law.

"High and aggravated" misdemeanor: Receipt or use of

for a purpose unauthorized by law

unauthorized by law.

This provision doesn't seem

information from the

database or databank without

database information, knowing that such receipt or use

Felony (4°): Obtainment of DNA samples or

without authorization

unauthorized by law.

Misdemeanor (1°): Misuse of DNA

whether it applies to the DNA database

authorization

[Obtainment of individually identifiable

without authorization.

Misdemeanor: Intentional violation

Class 1 misdemeanor: Receipt/use of database info,

without authorization

as a Class H felony. DNA is included

misuses a DNA sample or profile for pecuniary gain.

for purposes of having a DNA analysis performed

data bank info, knowing it's for an unauthorized purpose

to apply to DNA information]

DNA database

authorization to do so.

is for an unauthorized purpose

records for an unauthorized purpose

samples, records or information

statute]

information is also prohibited by law]

of confidentiality re: DNA samples

knowing such receipt/use is for unauthorized purpose.

as personal identifying information]

Criminal Penalties for

Class C felony: Knowing and willful disclosure

Class C felony: Knowing

No provision

Class A misdemeanor: Knowing disclosure of

Felony or misdemeanor: Knowing disclosure of DNA info to

Misdemeanor: Willful and

Class C misdemeanor: Dissemination of databank

Class A misdemeanor: Improper

No provision

Misdemeanor: Dissemination of info without authority

Misdemeanor: Knowing grant of

Misdemeanor: Willful disclosure of

Class 4 felony: Intentional misuse of DNA

Class A misdemeanor: Knowing or intentionally

No provision

Class A misdemeanor: Improper

Felony: Improper disclosure of info

Class E crime (lowest class):

Misdemeanor: Willful disclosure

Misdemeanor: Purposeful

No provision

Class A misdemeanor:

Withholding of salary: Knowing

Class III misdemeanor (? penalty unclear): Disclosure

No provision

Class A misdemeanor: Dissemination of database

Disorderly persons offense: Purposeful

Felony (4°): Willful disclosure of DNA

Class E felony: Intentional disclosure

Class 1 misdemeanor: wilfull

Class A misdemeanor: Improper

Misdemeanor (1°): Knowing disclosure

Misdemeanor: Improper

[§ 192.543 creates a misdemeanor penalty for

Misdemeanor (1°): Disclosure, for pecuniary gain

Misdemeanor: Improper disclosure of

Misdemeanor: Willful disclosure

Class 5 felony: Knowing or intentional

No provision

State jail felony / official misconduct: Knowing

No provision

Misdemeanor: Intentional violation

Class 1 misdemeanor: Dissemination of

No provision

Misdemeanor: Wilfull disclosure

Misdemeanor: Intentional dissemination

Misdemeanor: Willful disclosure

Improper Disclosure

of individually identifiable information to an

allowance of access

individually identifiable info from the DNA database or

an unauthorized recipient, for an unauthorized purpose.

knowing disclosure of

info without authority.

dissemination of database information,

"High and aggravated" misdemeanor: dissemination

unauthorized access or knowing

individually identifiable information

information beyond the authorized scope

disseminating database information, knowing

dissemination of database information,

from the data base or data bank,

Knowing dissemination of

of individually identifiable info

disclosure of a DNA record

Dissemination of individually

and purposeful violation of

of individually identifiable DNA records or samples,

information, knowing that the dissemination is for

disclosure of individually identifiable

samples or records in a manner

of DNA records or analysis to a

disclosure of individually identifiable

dissemination of database information,

of individually identifiable DNA database

disclosure of information

knowing, reckless, or negligent disclosure of

for oneself or others, of individually identifiable

individually identifiable info from the

of individually identifiable

disclosure of DNA records or analyses

disclosure ofDNA information except as authorized;

of confidentiality re: DNA samples

database info, knowing that such dissemination

of individually identifiable info

of a DNA sample or information in an

of DNA records to unauthorized

of DNA Samples and

unauthorized recipient; conspiracy of

to DNA samples or records

databank, knowing the recipient is unauthorized;

A criminal fine ($10K fine or 3x gain, whichever is larger) is

DNA records

Class A misdemeanor: Dissemination of databank info,

knowing such dissemination is for a

of data bank info, knowing that such dissemination

improper dissemination of information

from the database or databank to

such dissemination is for a purpose unauthorized

knowing such dissemination is for a

knowing that the recipient is not

DNA record in violation of

from the DNA database to

to a recipient unauthorized

identifiable info for

provisions on dissemination

knowing that the recipient is unauthorized;

an unauthorized purpose.

information from the database or databank

unauthorized by the DNA Identification

recipient unauthorized to receive it.

info from the databank or database

knowing such dissemination is for a

information to an unauthorized recipient

genetic info; it's questionable whether it

database or databank info; disclosure, knowing that

databank or database, knowing that

information from the database

to an unauthorized recipient

Felony (3°): Knowing disclosure of preconfinement

is for a purpose unauthorized by law

from the databank or database

unauthorized manner.

recipients

Records

improper disclosure

without authorization

disclosure to unauthorized recipient for pecuniary gain

assesed for knowing improper disclosure for pecuniary gain.

knowing the dissemination is for an unauthorized purpose

purpose unauthorized by law

is for an unauthorized purpose

an unauthorized recipient.

by law

purpose unauthorized by law

authorized to receive the info

the database provisions

unauthorized recipients.

to receive it.

unauthorized purposes

of criminal records

Class III misdemeanor: Disclosure for pecuniary gain

Class B misdemeanor: Dissem. of info without authority

to an unauthorized recipient

Act.

to an unauthorized recipient

purpose unauthorized by law

applies to the DNA database provision]

recipients are unauthorized is likely punished the same

the recipient is unauthorized to receive it

to an unauthorized recipient

DNA records [re: arrestees and certain convicts]

Class 3 misdemeanor: Unauthorized dissemination

to an unauthorized recipient

Private Cause of

No provision

The State Crime Lab or any aggrieved individual or

If a DOJ employee knowingly misuses or discloses DNA info

No provision

[If 16 §§ 1224 and 1227 apply, which is unclear,

No provision

No provisions

[410 ILCS § 513/40 may provide a civil remedy:

No provision

[§ 45-33-53 grants a private

No provision

A person can apply for a court

Police or aggrieved person or agency can enjoin any

No provision

[§§ 141-H:2 and 141-H:6 provide for a private cause of

[§ 10:5-49 provides a private cause of action for

[§ 24-21-6 provides for a civil cause of

No provision

[§ 192.541 creates a civil cause of action for

The State Police or an aggrieved person can sue to enjoin

An aggrieved person may bring

[Privacy of Genetic Info Act

No provision

An aggrieved person may bring a civil

No provision

Action for Individuals

agency can sue to enjoin any criminal or noncriminal

the department is civilly liable to the DNA donor for $5K per

one who willfully discloses DNA info in violation

An aggrieved person can recover the greater of

cause of action for improper

order to enforce compliance

person, agency, or law enforcement from violating Act

action for improper disclosure of genetic tests; however it

actual damages caused by improper disclosure

action for wrongful collection, retention, and

violations of disclosure, informed consent, and

noncompliance and/or compel compliance with provisions.

a civil action for damages,

provides for civil action for

action for punitive damages, equitable

["This section creates no rights in a

Aggrieved by Misuse

justice agency, organization or individual from violating

violation, plus attorneys' fees and costs, to a maximum sum

of 29 § 4713 can be held liable for all actual

actual or liquidated damages for a negligent,

release of sex offender info when

with dissemination provisions

Civil remedy for knowing disclosure for pecuniary gain:

is questionable as to whether these statutes apply to the

including economic, bodily, or emotional harm;

use of genetic information; it is quesitonable,

retention/destruction provisions of the

Civil actions granted to those aggrived by knowing violations.

injunctive relief, and reasonable

injunction, damages, atty's

relief, including injunction, restitution of

third party."]

of DNA Samples and

the database provisions and to compel them to comply

of $50K. This is the sole and exclusive civil remedy available.

damages caused by disclosure, including

reckless, or intentional violation; he can also win

done in bad faith. This provision

damages of at least $100 per violation, plus litigation

DNA database, or whether their application is limited to

it is questionable, however, whether this statute

however, whether this statute applies to

Genetic Privacy statutes; it's questionable

Damages include actual and real damages, litigation costs,

attorneys' fees

fees; application to DNA

wages or benefits, reinstatement, costs,

Records

with the provisions

economic, bodily, and emotional harm]

attorneys' fees, an injunction, or other relief.]

doesn't seem to apply to DNA info]

costs and attorneys' fees.

employment and insurance situations.]

applies to matters involving the DNA database]

matters involving the DNA database]

whether it applies to DNA database statute]

attorneys' fees, and exemplary and punitive damages.

database questionable]

attys' fees, and other appropriate relief

Immunity from

Forensic employees free from civil liability when taking,

No provision

DOJ / law enforcement agencies and employees are immune

No provision

[§ 45-33-53 grants immunity to

No provision

Dept. of Safety and its employees are immune from

No provision

No cause of action may be brought based

No provision

Liability Despite

collecting, storing, analyzing, or testing of DNA is

from civil or criminal actions regarding mistaken entry.

actors who release sex offender

liability for improper collection and entry where

upon the delayed or non-collection or

Misuse of DNA

performed pursuant to rules & regs, and alleged

DOJ employees who improperly disclosure DNA information

info in good faith. This provision

their actions were in good faith

analysis of samples

Samples and Records

injury was not caused by willful and wanton behavior

are absolutely immune from civil liability

doesn't seem to apply to DNA info]

Other Penalties or

Class B felony: Refusal to deliver a forensic record upon

***

The computer software and database structures

***

[If 16 § 1227 applies, which is questionable,

***

Misdemeanor: Violations by agencies

***

Under § 44-6-108, DNA info is

The Nebraska State Patrol may, for good cause,

***

No provision

[If § 10:5-49 applies, which is questionable, a

***

§ 995-b establishes a civil penalty for

The State Bureau of Investigation

***

The State Police is authorized, for good cause shown,

The Department of Health is authorized,

***

The State Forensic Laboratory may

***

If a DNA laboratory violates regulations,

***

Misdemeanor: Refusal or neglect

***

Notes

proper request by a lawfully authorized recipient.

used to implement the database are confidential

one who improperly discloses, obtains or

and individuals of agreements that

treated as "confidential criminal

revoke or suspend the right of a forensic laboratory

person who violates DNA disclosure requirements

knowingly operating a DNA lab without

is authorized to revoke the right of a

to revoke or suspend the right of a forensic DNA

for good cause, to revoke or suspend

revoke the right of any public forensic

the lab may lose its ability to exchange

to do one's duties under the

Class B felony: Unlawful influence of forensic

misuses DNA info could be fined.]

limit the scope of their use of the

justice info". Those general

to have access to or submit records to the DNA

could face additional punishments (fine and/or

the proper accreditation. It provides

forensic laboratory to exchange DNA

laboratory to access or exchange records with criminal

the right of a forensic laboratory to

lab to access and contribute DNA

DNA records with other laboratories or

DNA database provisions.

employees

database and ensure the security

provisions apply.

database.

prison term)]

that a lab's accreditation be revoked

records with other criminal justice

justice agencies.

access or exchange DNA identification

records to the database if the required

law enforcement or criminal justice

Such neglect constitutes

Class B felony: Solicitation or receipt of bribes by

and confidentiality of the information

upon a finding of misconduct.

agencies if it does not meet required

records with criminal justice agencies

disclosure and quality assurance

agencies.

misfeasance in office and may

forensic employees

[Civil Rights Law § 79-l penalizes

control and privacy standards

standards are not met.

subject that person to removal

Class C felony: Failure of forensic employee to

improper use/disclosure of genetic

The computer software and database

disclose a conflict of interest.

info. It's questionable whether this

structures used to implement the

provision applies to the DNA Database.]

database are confidential