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This entry was published on 2020-01-10
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SECTION 245.45
DNA comparison order
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245
§ 245.45 DNA comparison order.

Where property in the prosecution's possession, custody, or control
consists of a deoxyribonucleic acid ("DNA") profile obtained from
probative biological material gathered in connection with the
investigation of the crime, or the defendant, or the prosecution of the
defendant, and the defendant establishes (a) that such profile complies
with federal bureau of investigation or state requirements, whichever
are applicable and as such requirements are applied to law enforcement
agencies seeking a keyboard search or similar comparison, and (b) that
the data meets state DNA index system or national DNA index system
criteria as such criteria are applied to law enforcement agencies
seeking such a keyboard search or similar comparison, the court may,
upon motion of a defendant against whom an indictment, superior court
information, prosecutor's information, information, or simplified
information is pending, order an entity that has access to the combined
DNA index system or its successor system to compare such DNA profile
against DNA databanks by keyboard searches, or a similar method that
does not involve uploading, upon notice to both parties and the entity
required to perform the search, upon a showing by the defendant that
such a comparison is material to the presentation of his or her defense
and that the request is reasonable. For purposes of this section, a
"keyboard search" shall mean a search of a DNA profile against the
databank in which the profile that is searched is not uploaded to or
maintained in the databank.