Section 28.5054. Procedures for sample collection.

(1) An offender shall be positively identified  by   the  designated agency  or its   designee   before    the   samples            are      taken.      The     state identification number

associated with the offender, if there is  an  assigned state identification number, shall be used for this purpose and  recorded  in the specified area on the DNA collection card.

(2)   After the offender is positively identified, the designated agency shall collect samples from the offender according to the  collection instructions included in the DNA collection kit. The sample collection shall be performed by the designated agency or its designee; however, the designee shall not be the offender. The designated agency shall provide gloves to the individual performing the collection. The individual performing the collection shall wear gloves at all times while performing sample collection and packaging.

(3)   Only the DNA collection kit provided by the department shall be used to collect samples.

(4)   The DNA collection card shall be completed by the designated agency prior to beginning sample collection. All relevant information requested on the DNA collection card shall be provided. The DNA  collection   card  shall bear the fingerprint impressions of the offender's thumbs in the spaces indicated on the DNA collection card.

(5)     The collecting, labeling, storing, handling, and transmitting of the samples collected shall comply with the collection instructions included in the DNA collection kit. Within 72 hours of sample  collection,  the  DNA collection kit shall be transmitted to the department by hand delivery, U.S. Mail, or certified carrier.

History: 1995 AACS; 2011 AACS.