Definitions

The following terms are defined as follows for purposes of this chapter, unless otherwise made appropriate by use and context. 1. "Buccal swab" means a sample from the inside of the mouth taken by scraping the cheek. The sample includes saliva. 2. "Designated agency" means the entity responsible for the collection of DNA samples. 3. "Division" means the state crime laboratory division of the office of the attorney general. 4. "DNA identification index" means the division's DNA identification record system and the federal bureau of investigation's combined DNA index system, established under North Dakota Century Code section 31-13-05. 5. "DNA record" means DNA identification information stored in the state DNA data base and the federal bureau of investigation's combined DNA index system for purposes of generating investigative leads, establishing identification in connection with law enforcement investigations, and supporting statistical interpretation of the results of DNA analysis. The DNA record is considered the objective form of the results of analysis, such as numerical representation of DNA fragment lengths, and discrete allele assignments. 6. "DNA testing" means DNA analysis of samples collected from the human body, crime scenes, medical examinations, unidentified human remains, and qualified offenders for the purposes of identification. 7. "Kit" means the sample collection kit provided by the division. 8. "Marker" means a method of describing individuals by the genetic loci recognized for the participation in the combined DNA index system. 9. "Other body fluids" means a sample of fluid containing human cells, including saliva, in which markers can be profiled from a qualifying offender. 10. "Qualified medical personnel" means any person trained in sampling techniques and approved by the division to collect DNA samples. 11. "Qualifying offender" means a person eighteen years of age or over arrested for a felony offense; a person required to register under North Dakota Century Code section 12.1-32-15; or a person convicted of an offense described in North Dakota Century Code section 31-13-03. 12. "Registering agency" means a law enforcement agency where a qualifying individual is required to register under North Dakota Century Code section 12.1-32-15. 13. "Sample" includes a vial of blood and other body fluids collected from a qualifying offender. 14. "Sampling techniques" includes venipuncture and buccal swab and other recognized medical techniques. 15. "Venipuncture" means a puncture of a vein as for drawing blood.