Connecticut General Statutes

Conn. Gen. Stat. § 54-102k (2025)

Unauthorized dissemination or use of DNA data bank information. Obtaining blood sample without authority. Penalties

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Any person who, without authority, disseminates information contained in the data bank shall be guilty of a class C misdemeanor. Any person who disseminates, receives or otherwise uses or attempts to so use information in the data bank, knowing that such dissemination, receipt or use is for a purpose other than as authorized by law, shall be guilty of a class A misdemeanor. Except as authorized by law, any person who, for purposes of having a DNA analysis performed, obtains or attempts to obtain any sample submitted to the Division of Scientific Services for analysis shall be guilty of a class D felony.

(P.A. 94-246, S. 5; P.A. 99-218, S. 14, 16.)

History: P.A. 99-218 replaced the forensic science laboratory with the Division of Scientific Services, effective July 1, 1999.

Sec. 54-102l. Expungement of DNA data bank records and destruction of samples. (a) A DNA profile that has been included in the data bank pursuant to sections 54-102g to 54-102k, inclusive, shall be expunged in the event that (1) the criminal conviction or the finding of not guilty by reason of mental disease or defect on which the authority for including the person's DNA profile was based has been reversed and the case dismissed, or (2) if the DNA profile of a person has been included in the data bank on account of the person being arrested as provided in subsection (a) of section 54-102g, the charge has been dismissed or nolled or the person has been acquitted of the charge.

(b) The Division of Scientific Services within the Department of Emergency Services and Public Protection shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a certified copy of (1) the court order reversing and dismissing the conviction or the finding of not guilty by reason of mental disease or defect, or (2) the court order dismissing or nolling the charge or acquitting the person of the charge.

(P.A. 94-246, S. 6; P.A. 10-36, S. 28; P.A. 11-91, S. 2; 11-207, S. 3.)

History: P.A. 10-36 made provisions applicable upon reversal of finding of not guilty by reason of mental disease or defect and made technical changes, effective July 1, 2010; P.A. 11-91 substituted “State Police Forensic Science Laboratory” with “Division of Scientific Services within the Department of Public Safety”, effective July 8, 2011 (Revisor's note: “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” to conform with changes made by P.A. 11-51); P.A. 11-207 inserted Subsec. (a) and (b) designators, amended Subsec. (a) to replace provision re person “may request expungement” of DNA profile upon reversal of conviction or finding of not guilty by reason of mental disease or defect and dismissal of case with provision re profile “shall be expunged” upon such reversal and dismissal, designate existing provision re reversal and dismissal as Subdiv. (1) and add new Subdiv. (2) re dismissal, nolle or acquittal of charge when profile included on account of person being arrested as provided in Sec. 54-102g(a), and amended Subsec. (b) to delete former Subdiv. (1) re written request for expungement, redesignate existing Subdiv. (2) re court order reversing and dismissing conviction or finding of not guilty by reason of mental disease or defect as Subdiv. (1) and add new Subdiv. (2) re court order dismissing or nolling the charge or acquitting the person of the charge.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2013–2025 · leading case: State v. Banks, 146 A.3d 1 (Conn. 2016).
State v. Banks, 146 A.3d 1 (Conn. 2016). · cites it 2× “For example, the statutory scheme contains provisions regulating: the manner in which DNA samples are collected; General Statutes § 54-102h ; the manner in which the analysis of DNA samples is to be conducted; General Statutes § 54-102i ; and the legitimate purposes for which…”
State v. Banks, 71 A.3d 582 (Conn. App. Ct. 2013). · cites it 2× “The DNA data bank legislation now has provisions for collecting the DNA samples; see General Statutes § 54-102h; conducting DNA analysis; see General Statutes § 54-102i; disseminating information in the DNA data bank; see General Statutes § 54-102j; penalizing the unauthorized…”
State v. Sharpe (Concurrence & Dissent), No. SC20815 (Conn. Oct. 7, 2025). “’’ Further, the majority’s concern about the government’s ability to sweep a crime scene for evidence goes to a fundamental misunderstanding about our disagreement—the issue is not that the police collected shed DNA. It is that the police collected the defendant’s shed DNA,…”
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