Malaysia legislation
Section 13
Section 13
(2)
A non-intimate sample of—
(a)
a person reasonably suspected of having committed an offence;
(b)
a detainee; or
(c)
a drug dependant, may be taken only if an authorized officer authorizes it to be taken.
(3)
An authorized officer shall only give his authorization under subsection (2) if—
(a)
he has reasonable grounds for—
(i)
suspecting that the person from whom the non-intimate sample is to be taken has committed an offence; and
(ii)
believing that the sample will tend to confirm or disprove the commission of the offence by that person;
(b)
an arrest has been effected on or a detention order has been made against a detainee; or
(c)
an order or a decision has been made pursuant to the
Drug Dependants (Treatment and Rehabilitation) Act 1983 against a drug dependant.
(4)
An authorized officer—
(a)
shall give his authorization under subsection (2) in writing;
or
(b)
where it is impracticable to comply with paragraph (a), may give such authorization orally, in which case he must confirm it in writing as soon as possible.
(5)
The person from whom a non-intimate sample is taken shall be entitled to the information derived from the analysis of the sample taken from him.
Act 699
(6)
A non-intimate sample shall only be taken by—
(a)
a government medical officer; or
(b)
a police officer or a chemist.
(7)
If a person from whom a non-intimate sample is to be taken under this Act refuses to give the sample or refuses to allow the sample to be taken from him without good cause or the sample cannot be obtained despite all reasonable efforts taken, that person may be taken before a magistrate and the magistrate may, if satisfied that there is reasonable cause to believe that the sample tends to confirm or disprove the commission of an offence by that person, order that person to provide his non-intimate sample.
Sample given voluntarily