Can an employee of a county (e.g., a county nurse) take a DNA buccal swab for the police department or sheriffs office that has custody of an offender?
Yes. The arresting officer does not have to directly take a DNA buccal swab sample. They must, however, cause the sample to be taken. The person taking the sample must have an official association with the responsible agency. Therefore, the sample may not be taken by a trustee, probationer, or volunteer. Any individual taking a buccal sample must be properly trained to do so by, at a minimum, watching the DPS training video. The officer or a representative of his/her agency, who has responsibility for the offender, shall supervise the sample collection.
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