Citations Affected: IC 16-36-6.
Synopsis: Collection, possession, and use of DNA. Provides that an
individual owns the individual's DNA. Requires a person who collects,
possesses, or uses an individual's DNA to provide certain information
and obtain consent for the collection or use. Requires the state
department of health to develop and make available a consent form for
use by persons collecting, possessing, or using DNA. Makes certain
Effective: Upon passage; July 1, 2000.
January 10, 2000, read first time and referred to Committee on Health and Provider
A BILL FOR AN ACT to amend the Indiana Code concerning
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 6. Consent to Collection and Use of DNA
Sec. 1. (a) As used in this chapter, "consent" means a written agreement to allow an individual's DNA to be collected and used for a specific purpose after the consenting party has:
(1) received a full explanation of the specific use, storage, disposal, confidentiality provisions, and costs; and
(2) signed a consent form prescribed by the state department.
(b) As used in this chapter, "DNA" refers to deoxyribonucleic acid. DNA is located in the nucleated cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification.
(c) As used in this chapter, "person" means an individual, a partnership, a corporation, an association, a joint stock association,
or a governmental entity other than an agency or instrumentality
of the United States.
Sec. 2. An individual owns the individual's DNA.
Sec. 3. This chapter does not apply to the:
(1) uses of DNA contained in the Indiana DNA database described in IC 10-1-9 ;
(2) use of nonidentifying data generated by a laboratory conducting DNA analysis described in IC 20-12-34.5 ; or
(3) use of results of forensic DNA analysis in a criminal trial or hearing under IC 35-37-4-13.
Sec. 4. A person who collects DNA from an individual for any purpose shall:
(1) inform the individual of the collection of DNA from the individual; and
(2) obtain consent from the individual for the collection of the DNA.
Sec. 5. A person who collects DNA from an individual under section 3 of this chapter may not provide:
(1) the DNA; or
(2) any information regarding the DNA, including the existence of the DNA;
to any other person without the individual's consent.
Sec. 6. A person who possesses an individual's DNA may not use the DNA for any purpose unless the person:
(1) informs the individual that the person possesses the individual's DNA;
(2) informs the individual regarding the specific use and specific purpose of the use of the DNA; and
(3) obtains written consent from the individual for the specific use of the DNA.
Sec. 7. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class A misdemeanor.
SECTION 2. [EFFECTIVE UPON PASSAGE] (a) The state department of health shall, in accordance with IC 16-36-6 , as added by this act, and before July 1, 2000, develop, and make available a consent form to be used by a person who collects, possesses, or uses DNA.
(b) This SECTION expires July 1, 2000.
SECTION 3. An emergency is declared for this act.