{"data":{"id":"us-ky/krs-17.175","jurisdiction":"us-ky","citation":"KRS 17.175","heading":"Centralized database for DNA identification records -- Analysis and","body":"classification of evidence -- Exemption from KRS 61.870 to 61.884 --\nExpungement of information and destruction of DNA sample -- Penalty for\nunlawful use of DNA database identification system.\n(1) A centralized database of DNA (deoxyribonucleic acid) identification records for\nconvicted or adjudicated offenders, crime scene specimens, unidentified human\nremains, missing persons, and close biological relatives of missing persons  shall be\nestablished in the Department of Kentucky State Police under the direction, control,\nand supervision of the Department of Kentucky State Police forensic laboratory.\nThe established system shall be compatible with the procedures set forth in a\nnational DNA identification index to ensure data exchange on a national level.\n(2) The purpose of the centralized DNA database is to assist federal, state, and local\ncriminal justice and law enforcement agencies within and outside the\nCommonwealth in the iden tification, detection, or exclusion of individuals who are\nsubjects of the investigation or prosecution of sex -related crimes, violent crimes, or\nother crimes and the identification and location of missing and unidentified persons.\n(3) (a) The Department o f Kentucky State Police forensic laboratory shall receive,\nanalyze, and classify DNA samples received from the Department of\nCorrections, the Department of Juvenile Justice, and other sources, and shall\nfile the DNA results in the centralized databases for  law enforcement\nidentification and statistical purposes. The department shall analyze and\nclassify all sexual assault evidence collection kits it receives. In cases where a\nsuspect has been identified, the department may give priority to analysis and\nclassification of sexual assault evidence collection kits where the reference\nstandard for comparison is provided with the kit. Except as provided in\nparagraph (e) of this subsection, by July 1, 2018, the average completion rate\nfor this analysis and classific ation shall not exceed ninety (90) days, and by\nJuly 1, 2020, the average completion rate for this analysis and classification\nshall not exceed sixty (60) days.\n(b) Failure to meet the completion time goals established in paragraph (a) of this\nsubsection shall not be a basis for a dismissal of a criminal action or a bar to\nthe admissibility of evidence.\n(c) The Department of Kentucky State Police shall, by August 1 of each year,\nreport to the Legislative Research Commission the yearly average completion\nrate for the immediately preceding five (5) fiscal years.\n(d) With approval by the secretary of the Justice and Public Safety Cabinet in\nsituations in which an equipment casualty necessitates the expedited\nacquisition or repair of laboratory equipment require d for the analysis of\nevidence, the acquisition or repair shall be exempt from the Finance and\nAdministration Cabinet's competitive bidding process for both acquisition and\nrepair purposes. Each time the authority granted by this paragraph is used, the\nequipment acquisition or repair shall be fully documented within thirty (30)\ndays by the agency head in a written or electronic letter to the secretary of the\nFinance and Administration Cabinet, attached to an ordering or payment\ndocument in the state's procurement system, which shall include:\n1. An explanation of the equipment acquired or repaired;\n2. The name of the vendor selected;\n3. The amount of procurement;\n4. Other price quotations obtained; and\n5. The basis for selection of the vendor.\n(e) To the extent appropriated funds are insufficient to meet the average\ncompletion time goals established in paragraph (a) of this subsection, the\nDepartment of Kentucky State Police forensic laboratory shall no longer be\nrequired to meet the average completion time goals.\n(4) DNA identification records produced from the samples are not public records but\nshall be confidential and used only for law enforcement purposes. DNA\nidentification records shall be exempt from the provisions of KRS 61.870 to 61.884.\n(5) DNA identification records produced from evidence collected as a result of an\nexamination performed under KRS 216B.400 that are voluntarily submitted solely\nfor elimination purposes shall not be checked against or included in the centralized\ndatabase created pursuant to this section or any other database.\n(6) A person whose DNA profile has been included in the data bank pursuant to this\nchapter may request expungement on the grounds that the conviction or\nadjudication on which the authority for including the DNA profile was based has\nbeen reversed and the case dismissed, or that the person successfully completed the\npretrial diversion program under KRS 533.258 and the charges were dismissed -\ndiverted. The Department of Kentucky State Police shall expunge al l identifiable\ninformation in the data bank pertaining to the person and destroy all samples from\nthe person upon receipt of:\n(a) A written request for expungement pursuant to this section; and\n(b) Either:\n1. A certified copy of the court order reversing a nd dismissing the\nconviction or adjudication; or\n2. A certified copy of the court order deeming the charges dismissed -\ndiverted.\n(7) The cabinet shall promulgate administrative regulations necessary to carry out the\nprovisions of the DNA database identifica tion system to include procedures for\ncollection of DNA samples and the database system usage and integrity.\n(8) The Department of Kentucky State Police shall destroy all DNA samples that are\nnot entered into the DNA database identification system.\n(9) Any person who disseminates, receives, or otherwise uses or attempts to use\ninformation in the DNA database identification system, knowing that such\ndissemination, receipt, or use is for a purpose other than authorized by this section,\nshall be guilty of a Class D felony.","path":["KRS Chapter 17"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52990","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:38Z","sha256":"7094d4a179892459479e80f1097c729bc0930b2fcc7f555b896f86db67ffbf86","source_id":"us-ky","stale":false,"prev":"us-ky/krs-17.174","next":"us-ky/krs-17.176"},"notice":"GroundRules: Original legal text. Not legal advice."}