HF 3063

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:29pm

A bill for an act
relating to public safety; removing law regarding collection of DNA data without
a conviction; requiring parental consent for DNA collection; amending Minnesota
Statutes 2023 Supplement, section 299C.105, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 260B; repealing Minnesota Statutes 2022,
section 299C.105, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [260B.009] DNA COLLECTION; PARENTAL CONSENT, COURT
ORDER, OR WARRANT REQUIRED.
new text end

new text begin (a) As used in this section, "DNA analysis" has the meaning given in section 299C.155.
new text end

new text begin (b) A biological specimen for the purpose of DNA analysis must not be taken from a
minor without the consent of the minor's parent or custodian, a court order, or a warrant.
new text end

new text begin (c) A minor whose biological specimen is collected in violation of paragraph (b) may
move the court to suppress the use, as evidence, of the results of the DNA analysis and for
destruction of the biological specimen.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to biological
specimens collected on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 299C.105, subdivision 1, is amended
to read:

Subdivision 1.

Required collection of biological specimen for DNA testing.

(a) Sheriffs,
peace officers, and community corrections agencies operating secure juvenile detention
facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis
as defined in section 299C.155, of the following:

(1) deleted text begin persons who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or deleted text end persons having been convicted of or attempting
to commit deleted text begin , deleted text end any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24, aggravated robbery under section 609.245, or
carjacking under section 609.247;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision
3a; or

(3) deleted text begin juveniles who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or deleted text end juveniles having been adjudicated delinquent
for committing or attempting to commit deleted text begin , deleted text end any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24, aggravated robbery under section 609.245, or
carjacking under section 609.247;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours
the biological specimen required under paragraph (a) must be forwarded to the bureau in
such a manner as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological
specimen is taken on a person described in paragraph (a).

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 299C.105, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H3063-1

299C.105 DNA DATA REQUIRED.

Subd. 3.

Bureau duty.

(a) The bureau shall destroy the biological specimen and return all records to a person who submitted a biological specimen under subdivision 1 but who was found not guilty of a felony. Upon the request of a person who submitted a biological specimen under subdivision 1 but where the charge against the person was later dismissed, the bureau shall destroy the person's biological specimen and return all records to the individual.

(b) If the bureau destroys a biological specimen under paragraph (a), the bureau shall also remove the person's information from the bureau's combined DNA index system and return all related records and all copies or duplicates of them.