HF 3550

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; expanding the scope of 
  1.3             the DNA collection law; amending Minnesota Statutes 
  1.4             2000, section 299C.155, by adding a subdivision; 
  1.5             Minnesota Statutes 2001 Supplement, section 609.117. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 299C.155, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 5.  [FUTURE DNA ANALYSIS; PROCEDURES AND 
  1.10  PROTOCOLS.] The bureau shall adopt uniform procedures and 
  1.11  protocols for preserving human biological specimens collected 
  1.12  under section 609.117, subdivisions 1, paragraph (b), 2, 
  1.13  paragraph (b), and 3, paragraph (b), for future DNA analysis 
  1.14  that will occur at a time when funding for this analysis is 
  1.15  obtained. 
  1.16     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  1.17  609.117, is amended to read: 
  1.18     609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 
  1.19     Subdivision 1.  [UPON SENTENCING.] (a) The court shall 
  1.20  order an offender to provide a biological specimen for the 
  1.21  purpose of DNA analysis as defined in section 299C.155 when: 
  1.22     (1) the court sentences a person charged with violating or 
  1.23  attempting to violate any of the following, and the person is 
  1.24  convicted of that offense or of any offense arising out of the 
  1.25  same set of circumstances: 
  2.1      (i) murder under section 609.185, 609.19, or 609.195; 
  2.2      (ii) manslaughter under section 609.20 or 609.205; 
  2.3      (iii) assault under section 609.221, 609.222, or 609.223; 
  2.4      (iv) robbery under section 609.24 or aggravated robbery 
  2.5   under section 609.245; 
  2.6      (v) kidnapping under section 609.25; 
  2.7      (vi) false imprisonment under section 609.255; 
  2.8      (vii) criminal sexual conduct under section 609.342, 
  2.9   609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
  2.10     (viii) incest under section 609.365; 
  2.11     (ix) burglary under section 609.582, subdivision 1; or 
  2.12     (x) indecent exposure under section 617.23, subdivision 3; 
  2.13     (2) the court sentences a person as a patterned sex 
  2.14  offender under section 609.108; or 
  2.15     (3) the juvenile court adjudicates a person a delinquent 
  2.16  child who is the subject of a delinquency petition for violating 
  2.17  or attempting to violate any of the following, and the 
  2.18  delinquency adjudication is based on a violation of one of those 
  2.19  sections or of any offense arising out of the same set of 
  2.20  circumstances: 
  2.21     (i) murder under section 609.185, 609.19, or 609.195; 
  2.22     (ii) manslaughter under section 609.20 or 609.205; 
  2.23     (iii) assault under section 609.221, 609.222, or 609.223; 
  2.24     (iv) robbery under section 609.24 or aggravated robbery 
  2.25  under section 609.245; 
  2.26     (v) kidnapping under section 609.25; 
  2.27     (vi) false imprisonment under section 609.255; 
  2.28     (vii) criminal sexual conduct under section 609.342, 
  2.29  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
  2.30     (viii) incest under section 609.365; 
  2.31     (ix) burglary under section 609.582, subdivision 1; or 
  2.32     (x) indecent exposure under section 617.23, subdivision 3. 
  2.33  The biological specimen or the results of the analysis shall be 
  2.34  maintained by the bureau of criminal apprehension as provided in 
  2.35  section 299C.155. 
  2.36     (b) The court shall order an offender to provide a 
  3.1   biological specimen for the purpose of future DNA analysis as 
  3.2   described in section 299C.155 when: 
  3.3      (1) the court sentences a person charged with committing or 
  3.4   attempting to commit a felony offense not described in paragraph 
  3.5   (a), and the person is convicted of that offense or of any 
  3.6   offense arising out of the same set of circumstances; or 
  3.7      (2) the juvenile court adjudicates a person a delinquent 
  3.8   child who is petitioned for committing or attempting to commit a 
  3.9   felony offense not described in paragraph (a), and is 
  3.10  adjudicated delinquent for that offense or any offense arising 
  3.11  out of the same set of circumstances. 
  3.12  The biological specimen shall be maintained by the bureau of 
  3.13  criminal apprehension as provided in section 299C.155. 
  3.14     Subd. 2.  [BEFORE RELEASE.] (a) The commissioner of 
  3.15  corrections or local corrections authority shall order a person 
  3.16  to provide a biological specimen for the purpose of DNA analysis 
  3.17  before completion of the person's term of imprisonment when the 
  3.18  person has not provided a biological specimen for the purpose of 
  3.19  DNA analysis and the person: 
  3.20     (1) is currently serving a term of imprisonment for or has 
  3.21  a past conviction for violating or attempting to violate any of 
  3.22  the following or a similar law of another state or the United 
  3.23  States or initially charged with violating one of the following 
  3.24  sections or a similar law of another state or the United States 
  3.25  and convicted of another offense arising out of the same set of 
  3.26  circumstances: 
  3.27     (i) murder under section 609.185, 609.19, or 609.195; 
  3.28     (ii) manslaughter under section 609.20 or 609.205; 
  3.29     (iii) assault under section 609.221, 609.222, or 609.223; 
  3.30     (iv) robbery under section 609.24 or aggravated robbery 
  3.31  under section 609.245; 
  3.32     (v) kidnapping under section 609.25; 
  3.33     (vi) false imprisonment under section 609.255; 
  3.34     (vii) criminal sexual conduct under section 609.342, 
  3.35  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
  3.36     (viii) incest under section 609.365; 
  4.1      (ix) burglary under section 609.582, subdivision 1; or 
  4.2      (x) indecent exposure under section 617.23, subdivision 3; 
  4.3   or 
  4.4      (2) was sentenced as a patterned sex offender under section 
  4.5   609.108, and committed to the custody of the commissioner of 
  4.6   corrections; or 
  4.7      (3) is serving a term of imprisonment in this state under a 
  4.8   reciprocal agreement although convicted in another state of an 
  4.9   offense described in this subdivision or a similar law of the 
  4.10  United States or any other state.  The commissioner of 
  4.11  corrections or local corrections authority shall forward the 
  4.12  sample to the bureau of criminal apprehension. 
  4.13     (b) The commissioner of corrections or local corrections 
  4.14  authority shall order a person to provide a biological specimen 
  4.15  for the purpose of future DNA analysis as described in section 
  4.16  299C.155 before completion of the person's term of imprisonment 
  4.17  when the person has not provided a biological specimen for the 
  4.18  purpose of DNA analysis, and the person: 
  4.19     (1) was initially charged with committing or attempting to 
  4.20  commit a felony offense not described in paragraph (a), and was 
  4.21  convicted of that offense or of any offense arising out of the 
  4.22  same set of circumstances; or 
  4.23     (2) is serving a term of imprisonment in this state under a 
  4.24  reciprocal agreement although convicted in another state of 
  4.25  committing or attempting to commit a felony offense not 
  4.26  described in paragraph (a), or of any offense arising out of the 
  4.27  same set of circumstances if the person was initially charged 
  4.28  with committing or attempting to commit a felony offense not 
  4.29  described in paragraph (a).  
  4.30  The commissioner of corrections or local corrections authority 
  4.31  shall forward the sample to the bureau of criminal apprehension. 
  4.32     Subd. 3.  [OFFENDERS FROM OTHER STATES.] (a) When the state 
  4.33  accepts an offender from another state under the interstate 
  4.34  compact authorized by section 243.16, the acceptance is 
  4.35  conditional on the offender providing a biological specimen for 
  4.36  the purposes of DNA analysis as defined in section 299C.155, if 
  5.1   the offender was convicted of an offense described in 
  5.2   subdivision 1, paragraph (a), or a similar law of the United 
  5.3   States or any other state.  The specimen must be provided under 
  5.4   supervision of staff from the department of corrections or a 
  5.5   community corrections act county within 15 business days after 
  5.6   the offender reports to the supervising agent.  The cost of 
  5.7   obtaining the biological specimen is the responsibility of the 
  5.8   agency providing supervision.  
  5.9      (b) When the state accepts an offender from another state 
  5.10  under the interstate compact authorized by section 243.16, the 
  5.11  acceptance is conditional on the offender providing a biological 
  5.12  specimen for the purposes of future DNA analysis as described in 
  5.13  section 299C.155, if the offender was initially charged with 
  5.14  committing or attempting to commit a felony offense not 
  5.15  described in subdivision 1, paragraph (a), and was convicted of 
  5.16  that offense or of any offense arising out of the same set of 
  5.17  circumstances.  The specimen must be provided under supervision 
  5.18  of staff from the department of corrections or a Community 
  5.19  Corrections Act county within 15 business days after the 
  5.20  offender reports to the supervising agent.  The cost of 
  5.21  obtaining the biological specimen is the responsibility of the 
  5.22  agency providing supervision. 
  5.23     Sec. 3.  [EFFECTIVE DATE.] 
  5.24     Sections 1 and 2 are effective August 1, 2002, and apply to 
  5.25  offenders sentenced, released from incarceration, or accepted 
  5.26  for supervision on or after that date.