A. As used in this act:
- 1. "Deoxyribonucleic Acid (DNA)" means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual; and
- 2. "DNA Profile" means an analysis of DNA resulting in the identification of an individual's patterned chemical structure of genetic information.
B. If the state decides to offer evidence of a DNA profile in any criminal proceeding, the state shall:
- 1. At least fifteen (15) days before the criminal proceeding, notify in writing the defendant or the defendant's attorney and mail, deliver, or make available to the defendant or the defendant's attorney a copy of any report or statement to be introduced; and
- 2. Upon written demand of the defendant filed at least five (5) days before the criminal proceeding, require the presence of any person in the chain of custody as a prosecution witness. Provided, however, failure to make such demand shall not waive any rights of the defendant nor relieve the prosecution of the burden of proof.
Added by Laws 1991, SB 386, c. 227, § 1, emerg. eff. May 23, 1991.