Reprinted

February 1, 2000






SENATE BILL No. 379

_____


DIGEST OF SB 379 (Updated January 31, 2000 5:35 PM - DI 88)



Citations Affected: IC 16-18; IC 16-36; noncode.

Synopsis: Isolation, possession, and use of DNA. Provides that an individual owns the individual's DNA. Requires a person who draws an individual's DNA for the purpose of isolating, possessing, or using the DNA to provide certain information and obtain consent for the isolation, possession, or use. Requires a person to obtain written consent from an individual before using the individual's DNA for a specific purpose. Requires the state department of health to develop and make available a consent form for use by persons drawing an individual's DNA in order to isolate, possess, or use the DNA. Makes certain exceptions.

Effective: Upon passage; July 1, 2000.





Miller




    January 10, 2000, read first time and referred to Committee on Health and Provider Services.
    January 27, 2000, amended, reported favorably _ Do Pass.
    January 31, 2000, read second time, amended, ordered engrossed.





Reprinted

February 1, 2000

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 379



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 16-18-2-69 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 69. (a) "Consent", for purposes of IC 16-34, means a written agreement to submit to an abortion:
        (1) after the consenting party has had a full explanation of the abortion procedure to be performed, including disclosures and information required by IC 16-34-2-1.1; and
        (2) as evidenced by the signature of the consenting party on a consent form prescribed by the state department of health.
     (b) "Consent", for purposes of IC 16-36-6, has the meaning set forth in IC 16-36-6-1(a).
    SECTION 2. IC 16-18-2-98.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 98.9. "DNA", for purposes of IC 16-36-6, has the meaning set forth in IC 16-36-6-1(b).
    SECTION 3. IC 16-36-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2000]:
     Chapter 6. Consent to Drawing 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 drawn in order to be isolated 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.
    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;
        (3) use of results of forensic DNA analysis in a criminal trial or hearing under IC 35-37-4-13; or
        (4) use of forensic DNA analysis by a law enforcement agency in the exercise of the law enforcement agency's investigative function.
    Sec. 4. A person who draws an individual's DNA for the purpose of isolating the individual's DNA for any purpose shall:
        (1) inform the individual of the drawing of DNA from the individual; and
        (2) obtain consent from the individual for the drawing of the individual's DNA.
    Sec. 5. A person who draws an individual's DNA for the purpose of isolating the individual's DNA under section 4 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 4. [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 draws an individual's DNA for the purpose of isolating, possessing, or using the DNA.
     (b) This SECTION expires July 1, 2001.
    SECTION 5. An emergency is declared for this act.