HF 382

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; making the collection of 
  1.3             biological specimens from offenders for the purpose of 
  1.4             future DNA analysis permanent; amending Minnesota 
  1.5             Statutes 2002, section 609.119. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 609.119, is 
  1.8   amended to read: 
  1.9      609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR 
  1.10  DNA TESTING.] 
  1.11     (a) From July 1, 2002, to June 30, 2003, The court shall 
  1.12  order an offender to provide a biological specimen for the 
  1.13  purpose of future DNA analysis as described in section 299C.155 
  1.14  when: 
  1.15     (1) the court sentences a person charged with committing or 
  1.16  attempting to commit a felony offense not described in section 
  1.17  609.117, subdivision 1, and the person is convicted of that 
  1.18  offense or of any felony offense arising out of the same set of 
  1.19  circumstances; or 
  1.20     (2) the juvenile court adjudicates a person a delinquent 
  1.21  child who is petitioned for committing or attempting to commit a 
  1.22  felony offense not described in section 609.117, subdivision 1, 
  1.23  and is adjudicated delinquent for that offense or any 
  1.24  felony-level offense arising out of the same set of 
  1.25  circumstances. 
  2.1   The biological specimen shall be maintained by the bureau of 
  2.2   criminal apprehension as provided in section 299C.155. 
  2.3      (b) From July 1, 2002, to June 30, 2003, The commissioner 
  2.4   of corrections or local corrections authority shall order a 
  2.5   person to provide a biological specimen for the purpose of 
  2.6   future DNA analysis as described in section 299C.155 before 
  2.7   completion of the person's term of imprisonment when the person 
  2.8   has not provided a biological specimen for the purpose of DNA 
  2.9   analysis, and the person: 
  2.10     (1) was initially charged with committing or attempting to 
  2.11  commit a felony offense not described in section 609.117, 
  2.12  subdivision 1, and was convicted of that offense or of any 
  2.13  felony offense arising out of the same set of circumstances; or 
  2.14     (2) is serving a term of imprisonment in this state under a 
  2.15  reciprocal agreement although convicted in another state of 
  2.16  committing or attempting to commit a felony offense not 
  2.17  described in section 609.117, subdivision 1, or of any felony 
  2.18  offense arising out of the same set of circumstances if the 
  2.19  person was initially charged with committing or attempting to 
  2.20  commit a felony offense not described in section 609.117, 
  2.21  subdivision 1.  
  2.22  The commissioner of corrections or local corrections authority 
  2.23  shall forward the sample to the bureau of criminal apprehension. 
  2.24     (c) From July 1, 2002, to June 30, 2003, When the state 
  2.25  accepts an offender from another state under the interstate 
  2.26  compact authorized by section 243.16 or 243.1605, the acceptance 
  2.27  is conditional on the offender providing a biological specimen 
  2.28  for the purposes of future DNA analysis as described in section 
  2.29  299C.155, if the offender was initially charged with committing 
  2.30  or attempting to commit a felony offense not described in 
  2.31  section 609.117, subdivision 1, and was convicted of that 
  2.32  offense or of any felony offense arising out of the same set of 
  2.33  circumstances.  The specimen must be provided under supervision 
  2.34  of staff from the department of corrections or a Community 
  2.35  Corrections Act county within 15 business days after the 
  2.36  offender reports to the supervising agent.  The cost of 
  3.1   obtaining the biological specimen is the responsibility of the 
  3.2   agency providing supervision. 
  3.3      Sec. 2.  [EFFECTIVE DATE.] 
  3.4      Section 1 is effective August 1, 2003, and applies to 
  3.5   offenders sentenced, released from incarceration, or accepted 
  3.6   for supervision on or after that date.