January 7, 2002
Comprehensive revision of the Commonwealth's sexual assault and child sexual abuse offenses. Section 6 adds a new 6 CMC § 1319, “Admissibility of DNA profiles,” providing that in a criminal action or proceeding evidence of a DNA profile is admissible to prove or disprove any relevant fact if the court finds the underlying technique is scientifically valid, and that admission “does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence” — a statutory displacement of the Frye general-acceptance test for DNA evidence. Subsection (b) defines “deoxyribonucleic acid” and “DNA profile,” the latter including statistical population frequency comparisons. The findings state the Legislature “therefore authorizes by statute the admission of DNA evidence in criminal proceedings.” The act also creates graded sexual abuse of a minor offenses, raises maximum penalties to 30 years, restores jury trial rights, permits closed-circuit testimony by minors, and extends the statute of limitations.