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
Effective: Upon passage; July 1, 2000.
January 10, 2000, read first time and referred to Committee on Health and Provider
January 27, 2000, amended, reported favorably _ Do Pass.
January 31, 2000, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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
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.