Section 299.6 Of Article 6. Limitations On Disclosure From California Penal Code >> Title 9. >> Part 1. >> Chapter 6. >> Article 6.
299.6
. (a) Nothing in this chapter shall prohibit the Department of
Justice, in its sole discretion, from the sharing or disseminating
of population database or data bank information, DNA profile or
forensic identification database or data bank information, analytical
data and results generated for forensic identification database and
data bank purposes, or protocol and forensic DNA analysis methods and
quality assurance or quality control procedures with any of the
following:
(1) Federal, state, or local law enforcement agencies.
(2) Crime laboratories, whether public or private, that serve
federal, state, and local law enforcement agencies that have been
approved by the Department of Justice.
(3) The attorney general's office of any state.
(4) Any state or federally authorized auditing agent or board that
inspects or reviews the work of the Department of Justice DNA
Laboratory for the purpose of ensuring that the laboratory meets
ASCLD/LAB and FBI standards for accreditation and quality assurance
standards necessary under this chapter and for the state's
participation in CODIS and other national or international
crime-solving networks.
(5) Any third party that the Department of Justice deems necessary
to assist the department's crime laboratory with statistical
analyses of population databases, or the analyses of forensic
protocol, research methods, or quality control procedures, or to
assist in the recovery or identification of human remains for
humanitarian purposes, including identification of missing persons.
(b) The population databases and data banks of the DNA Laboratory
of the Department of Justice may be made available to and searched by
the FBI and any other agency participating in the FBI's CODIS System
or any other national or international law enforcement database or
data bank system.
(c) The Department of Justice may provide portions of biological
samples including blood specimens, saliva samples, and buccal swab
samples collected pursuant to this chapter to local public law
enforcement DNA laboratories for identification purposes provided
that the privacy provisions of this section are followed by the local
public law enforcement laboratory and if each of the following
conditions is met:
(1) The procedures used by the local public DNA laboratory for the
handling of specimens and samples and the disclosure of results are
the same as those established by the Department of Justice pursuant
to Sections 297, 298, and 299.5.
(2) The methodologies and procedures used by the local public DNA
laboratory for DNA or forensic identification analysis are compatible
with those used by the Department of Justice, or otherwise are
determined by the Department of Justice to be valid and appropriate
for identification purposes.
(3) Only tests of value to law enforcement for identification
purposes are performed and a copy of the results of the analysis are
sent to the Department of Justice.
(4) All provisions of this section concerning privacy and security
are followed.
(5) The local public law enforcement DNA laboratory assumes all
costs of securing the specimens and samples and provides appropriate
tubes, labels, and materials necessary to secure the specimens and
samples.
(d) Any local DNA laboratory that produces DNA profiles of known
reference samples for inclusion within the permanent files of the
state's DNA Data Bank program shall follow the policies of the DNA
Laboratory of the Department of Justice.