CHAPTER 223

FORMERLY

HOUSE BILL NO. 175

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DNA ANALYSIS AND DATA BANK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §4713(b)(1), Title 29 of the Delaware Code by striking the words “sample of blood” and “blood sample” as they appear in subsection (b)(1) and by substituting in lieu thereof the words “biological sample”.

Section 2. Amend §4713(b)(2), Title 29 of the Delaware Code by striking the words “sample of blood” and “blood sample” as they appear in subsection (b)(2) and by substituting in lieu thereof the words “biological sample”.

Section 3. Amend §4713(c), Title 29 of the Delaware Code by inserting the word “biological” between the words “The” and “samples” as they appear in the first sentence thereof.

Section 4. Amend §4713(c), Title 29 of the Delaware Code by striking the second sentence in its entirety and by substituting in lieu thereof the sentence:

“No civil liability shall attach to any person authorized to obtain a biological sample as provided by this section as a result of obtaining a biological sample from any person, provided the biological sample was obtained according to generally accepted medical procedures.”

Section 5. Amend §4713(d), Title 29 of the Delaware Code by striking the words “sample of blood” as they appear therein and by substituting in lieu thereof the words “biological sample”.

Section 6. Amend §4713(g), Title 29 of the Delaware Code by inserting the word “biological” between the words “classify” and “samples” as they appear in the first sentence thereof.

Section 7. Amend §4713(g), Title 29 of the Delaware Code by striking the second sentence thereof in its entirety.

Section 8. Amend §4713(h), Title 29 of the Delaware Code by inserting the word “biological” between the words “the” and “samples” as they appear therein.

Section 9. Amend §4713(i), Title 29 of the Delaware Code by inserting the word “biological” between the words “all” and “samples” as they appear in the second sentence thereof.

Section 10. Amend §4713(j), Title 29 of the Delaware Code by striking the words “collection of samples of blood” as they appear therein and by substituting in lieu thereof the words “the collection of biological samples”.

Section 11. Amend §4713, Title 29 of the Delaware Code by adding thereto the following new subsections :

“(m) For purposes of this section ‘biological sample’ shall mean a blood sample or a buccal swab.

Section 12. Amend §4713(g) by deleting the sentence “A report of the analysis certified by the Chief Medical Examiner shall be admissible in any court as evidence of the facts therein stated.”

Approved April 12, 2004