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Deoxyribonucleic Acid (DNA) Identification Act 2009 Part II — Forensic dna databank malaysia

s 3–s 6 · 4 sections

Establishment of DNA Databank

s 3

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(1) A DNA databank by the name of “Forensic DNA Databank Malaysia” is established. (2) The DNA Databank shall be under the management, control and supervision of the Head of DNA Databank. (3) The DNA Databank shall consist of the following indices: (a) a crime scene index which shall contain DNA profiles and any information in relation thereto derived from an intimate sample or a non-intimate sample that is found— (i) on any thing or at any place where an offence was committed; (ii) on or within the body of a victim of an offence; (iii) on any thing worn or carried by the victim of an offence at the time when the offence was committed; or (iv) on or within the body of any person reasonably suspected of having committed an offence; (b) a suspected persons index which shall contain DNA profiles and any information in relation thereto derived from an intimate sample or a non-intimate sample taken from persons reasonably suspected of having committed an offence and includes suspects who have not been charged in any court for any offence; (c) a convicted offenders index which shall contain DNA profiles and any information in relation thereto derived from an intimate sample or a non-intimate sample taken from persons convicted of any offence under any written law; (d) a detainee index which shall contain DNA profiles and any information in relation thereto derived from an intimate sample or a non-intimate sample taken from a detainee; (e) a drug dependants index which shall contain DNA profiles and any information in relation thereto derived from an intimate sample or a non-intimate sample taken from a drug dependant; (f) a missing persons index which shall contain DNA profiles and any information in relation thereto derived from an intimate sample or a non-intimate sample taken from— (i) the body or parts of the body of an unidentified deceased person; (ii) any thing worn or carried by a missing person; or (iii) the next of kin of a missing person if so required; and (g) a voluntary index which shall contain DNA profiles and any information in relation thereto derived from an intimate sample or a non-intimate sample taken from a person who volunteers to submit the same for the purpose of storage of the DNA information in the DNA Databank and for such other purposes referred to in paragraph 15(2)(a).

Objectives of DNA Databank

s 4

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(1) The primary objective of the DNA Databank is to keep and maintain the indices referred to in subsection 3(3) for the purpose of human identification in relation to forensic investigation. (2) In addition to subsection (1), the DNA profiles and any information in relation thereto kept and maintained in the DNA Databank may be used in assisting— (a) the recovery or identification of human remains from a disaster or for humanitarian purposes; and (b) the identification of living or deceased persons.

Function of DNA Databank

s 5

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The function of the DNA Databank is to store DNA profiles and any information in relation thereto from any forensic DNA analysis carried out by the Chemistry Department of Malaysia or Forensic Laboratory of the Royal Malaysia Police, or any agency or body as may be designated by the Minister from time to time by order published in the Gazette.

Power of Minister to designate agency or body to carry out forensic DNA analysis

s 6

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(1) The power of the Minister to designate any agency or body to carry out forensic DNA analysis under section 5 shall only be exercised in the event the Chemistry Department of Malaysia or Forensic Laboratory of the Royal Malaysia Police is unable to carry out any forensic DNA analysis. (2) The Minister may, in the order referred to in section 5, specify that the forensic DNA analysis to be carried out by the agency or body so designated shall only be for the purposes mentioned in subsection 4(2) subject to such terms and conditions as he may impose.

Back to Deoxyribonucleic Acid (DNA) Identification Act 2009 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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