HB1493 (2016) Detail

Relative to ownership of DNA.


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HB 1493 - AS AMENDED BY THE HOUSE

9Mar2016... 0712h

2016 SESSION

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HOUSE BILL\t1493

 

AN ACT\trelative to ownership of DNA.

 

SPONSORS:\tRep. Kurk, Hills. 2; Rep. Whitehouse, Straf. 2

 

COMMITTEE:\tJudiciary

 

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AMENDED ANALYSIS

 

\tThis bill provides that an individual’s genetic information and DNA sample are the property of the individual and, with limited exception, shall not be acquired, retained, or disclosed without consent.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2016... 0712h\t16-2609

\t05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to ownership of DNA.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  New Paragraph; Genetic Testing; Definition Added.  Amend RSA 141-H:1 by inserting after paragraph I the following new paragraph:

\t\tI-a.  “DNA sample” means any human biological specimen from which DNA was extracted, or any human biological specimen that is obtained or retained for the purpose of extracting and analyzing DNA to determine a genetic characteristic.  “DNA sample” shall include DNA extract from the specimen.

\t2  New Paragraph; Genetic Testing; Definition Added.  Amend RSA 141-H:1 by inserting after paragraph III the following new paragraph:

\t\tIII-a.  “Genetic information” is the information about an individual or family obtained from a genetic test or from an individual’s DNA sample.

\t3  New Section; Genetic Testing; Individual Right to Genetic Information.  Amend RSA 141-H by inserting after section 2 the following new section:

\t141-H:2-a  Individual Right to Genetic Information.  An individual's genetic information and DNA sample are the property of the individual, and, except as expressly otherwise provided in statute, shall not be acquired, retained, or disclosed without the written consent of the individual or his or her legal representative or, after the individual’s death, his or her executor or other legal representative.  This section shall not apply to the identification of individuals in criminal investigations.

\t4  Effective Date.  This act shall take effect January 1, 2017.