HF 1244

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention; requiring all persons
arrested for or convicted of committing a felony to
submit a DNA sample to law enforcement at the time of
booking; appropriating money; amending Minnesota
Statutes 2004, sections 13.6905, subdivision 17;
299C.03; 299C.08; 299C.11; 299C.155; 299C.21; 609.117;
609A.02, subdivision 3; 609A.03, subdivision 7;
proposing coding for new law in Minnesota Statutes,
chapter 299C; repealing Minnesota Statutes 2004,
section 609.119.

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

Section 1.

Minnesota Statutes 2004, section 13.6905,
subdivision 17, is amended to read:

Subd. 17.

Dna evidence.

DNA identification data
maintained by the Bureau of Criminal Apprehension are governed
by deleted text begin section deleted text end new text begin sections 299C.11 and new text end 299C.155.

Sec. 2.

Minnesota Statutes 2004, section 299C.03, is
amended to read:

299C.03 SUPERINTENDENT; RULES.

The superintendent, with the approval of the commissioner
of public safety, from time to time, shall make such rules and
adopt such measures as the superintendent deems necessary,
within the provisions and limitations of sections 299C.03 to
299C.08, 299C.10, new text begin 299C.105, new text end 299C.11, 299C.17, 299C.18, and
299C.21, to secure the efficient operation of the bureau. The
bureau shall cooperate with the respective sheriffs, constables,
marshals, police, and other peace officers of the state in the
detection of crime and the apprehension of criminals throughout
the state, and shall have the power to conduct such
investigations as the superintendent, with the approval of the
commissioner of public safety, may deem necessary to secure
evidence which may be essential to the apprehension and
conviction of alleged violators of the criminal laws of the
state. The various members of the bureau shall have and may
exercise throughout the state the same powers of arrest
possessed by a sheriff, but they shall not be employed to render
police service in connection with strikes and other industrial
disputes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 299C.08, is
amended to read:

299C.08 OATH OF SUPERINTENDENT AND EMPLOYEES.

The superintendent and each employee in the bureau whom the
superintendent shall designate, before entering upon the
performance of duties under sections 299C.03 to 299C.08,
299C.10, new text begin 299C.105, new text end 299C.11, 299C.17, 299C.18, and 299C.21, shall
take the usual oath.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

new text begin [299C.105] DNA DATA REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Required collection of biological specimen
for dna testing. new text end

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

new text begin (1) persons arrested for, appearing in court on a charge
of, or convicted of or attempting to commit any of the following:
new text end

new text begin (i) murder under section 609.185, 609.19, or 609.195;
new text end

new text begin (ii) manslaughter under section 609.20 or 609.205;
new text end

new text begin (iii) assault under section 609.221, 609.222, or 609.223;
new text end

new text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
new text end

new text begin (v) kidnapping under section 609.25;
new text end

new text begin (vi) false imprisonment under section 609.255;
new text end

new text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
new text end

new text begin (viii) incest under section 609.365;
new text end

new text begin (ix) burglary under section 609.582, subdivision 1; or
new text end

new text begin (x) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (2) persons sentenced as patterned sex offenders under
section 609.108; or
new text end

new text begin (3) juveniles arrested for, appearing in court on a charge
of, adjudicated delinquent for, or alleged to have committed or
attempted to commit any of the following:
new text end

new text begin (i) murder under section 609.185, 609.19, or 609.195;
new text end

new text begin (ii) manslaughter under section 609.20 or 609.205;
new text end

new text begin (iii) assault under section 609.221, 609.222, or 609.223;
new text end

new text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
new text end

new text begin (v) kidnapping under section 609.25;
new text end

new text begin (vi) false imprisonment under section 609.255;
new text end

new text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
new text end

new text begin (viii) incest under section 609.365;
new text end

new text begin (ix) burglary under section 609.582, subdivision 1; or
new text end

new text begin (x) indecent exposure under section 617.23, subdivision 3.
new text end

new text begin (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.
new text end

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

new text begin Subd. 2. new text end

new text begin Law enforcement training. new text end

new text begin The persons who
collect the biological specimens required under subdivision 1
must be trained to bureau-established standards in the proper
method of collecting and transmitting biological specimens.
new text end

new text begin Subd. 3. new text end

new text begin Bureau duty. new text end

new text begin The bureau must perform DNA
analysis on biological specimens and enter the results of its
analysis in the combined DNA index system within 30 days after
specimens are received under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons arrested on or after that date.
new text end

Sec. 5.

new text begin [299C.106] ADDITIONAL DNA DATA REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Required collection of biological specimen
for dna testing. new text end

new text begin (a) As of July 1, 2010, sheriffs, peace
officers, and community corrections agencies operating secure
juvenile detention facilities shall take or cause to be taken
immediately biological specimens for the purpose of DNA analysis
as defined in section 299C.155, of the following:
new text end

new text begin (1) persons arrested for, appearing in court on a charge
of, or convicted of or attempting to commit any felony that is
not described in section 299C.105, subdivision 1, paragraph (a),
clause (1); and
new text end

new text begin (2) juveniles arrested for, appearing in court on a charge
of, adjudicated delinquent for, or alleged to have committed or
attempted to commit any offense not described in section
299C.105, subdivision 1, paragraph (a), clause (3).
new text end

new text begin (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.
new text end

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

new text begin Subd. 2. new text end

new text begin Law enforcement training. new text end

new text begin The persons who
collect the biological specimens required under subdivision 1
must be trained to bureau-established standards in the proper
method of collecting and transmitting biological specimens.
new text end

new text begin Subd. 3. new text end

new text begin Bureau duty. new text end

new text begin The bureau must perform DNA
analysis on biological specimens and enter the results of its
analysis in the combined DNA index system within 30 days after
specimens are received under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010,
and applies to persons arrested on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 299C.11, is
amended to read:

299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.

new text begin Subdivision 1. new text end

deleted text begin fingerprints deleted text end new text begin identification data other
than DNA. new text end

(a) Each sheriff and chief of police shall furnish
the bureau, upon such form as the superintendent shall
prescribe, with such finger and thumb prints, photographs,
distinctive physical mark identification data, information on
known aliases and street names, and other identification data as
may be requested or required by the superintendent of the
bureau, which must be taken under the provisions of section
299C.10. In addition, sheriffs and chiefs of police shall
furnish this identification data to the bureau for individuals
found to have been convicted of a felony, gross misdemeanor, or
targeted misdemeanor, within the ten years immediately preceding
their arrest.

(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of
probable cause; or

(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.

Where these conditions are met, the bureau or agency shall, upon
demand, return to the arrested person finger and thumb prints,
photographs, distinctive physical mark identification data,
information on known aliases and street names, and other
identification data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data, and all copies and
duplicates of them if the arrested person has not been convicted
of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such
determination.

deleted text begin (d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.
deleted text end

deleted text begin (e) For purposes of this section:
deleted text end

deleted text begin (1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:
deleted text end

deleted text begin (i) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or chapter 609A;
deleted text end

deleted text begin (ii) the arrested person's successful completion of a
diversion program;
deleted text end

deleted text begin (iii) an order of discharge under section 609.165; or
deleted text end

deleted text begin (iv) a pardon granted under section 638.02; and
deleted text end

deleted text begin (2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.
deleted text end

new text begin Subd. 2. new text end

new text begin Dna samples and records. new text end

new text begin (a) Each sheriff and
chief of police shall furnish the bureau, in such form as the
superintendent shall prescribe, with the biological specimens
required to be taken under section 299C.105.
new text end

new text begin (b) No petition under chapter 609A is required if the
person has not been convicted of any felony, either within or
without the state, within the period of ten years immediately
preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the
following occurred:
new text end

new text begin (1) all charges were dismissed prior to a determination of
probable cause; or
new text end

new text begin (2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment. Where these
conditions are met, the bureau or agency shall, upon demand,
remove the person's information from the bureau's combined DNA
index system and return to the arrested person the biological
specimen, all related records, and all copies and duplicates of
them.
new text end

new text begin (c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall
remove the person's information from the bureau's combined DNA
index system and seal the biological specimen, all related
records, and all copies and duplicates of them, if the arrested
person has not been convicted of any felony, either within or
without the state, within the period of ten years immediately
preceding such determination. The remedies in section 13.08
apply to a violation of this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin As used in this section, the
following terms have the definitions provided:
new text end

new text begin (1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:
new text end

new text begin (i) the sealing of a criminal record pursuant to sections
152.18, subdivision 1; and 242.31; or chapter 609A;
new text end

new text begin (ii) the arrested person's successful completion of a
diversion program;
new text end

new text begin (iii) an order of discharge under section 609.165; or
new text end

new text begin (iv) a pardon granted under section 638.02; and
new text end

new text begin (2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to offenders arrested on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 299C.155, is
amended to read:

299C.155 STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.

Subdivision 1.

Definition.

As used in this section, "DNA
analysis" means the process through which deoxyribonucleic acid
(DNA) in a human biological specimen is analyzed and compared
with DNA from another human biological specimen for
identification purposes.

Subd. 2.

Uniform evidence collection.

The bureau shall
develop uniform procedures and protocols for collecting evidence
in cases of alleged or suspected criminal sexual conduct,
including procedures and protocols for the collection and
preservation of human biological specimens for DNA analysis. Law
enforcement agencies and medical personnel who conduct
evidentiary exams shall use the uniform procedures and protocols
in their investigation of criminal sexual conduct offenses. The
uniform procedures and protocols developed under this
subdivision are not subject to the rulemaking provisions of
chapter 14.

Subd. 3.

Dna analysis and data bank.

The bureau shall
adopt uniform procedures and protocols to maintain, preserve,
and analyze human biological specimens for DNA. The bureau
shall establish a centralized system to cross-reference data
obtained from DNA analysis. new text begin Data contained on the bureau's
centralized system is private data on individuals, as that term
is defined in section 13.02. The bureau's centralized system
may only be accessed by authorized law enforcement personnel and
used solely for law enforcement identification purposes. The
remedies in section 13.08 apply to a violation of this
subdivision. new text end The uniform procedures and protocols developed
under this subdivision are not subject to the rulemaking
provisions of chapter 14.

Subd. 4.

Record.

The bureau shall perform DNA analysis
and make data obtained available to law enforcement officials in
connection with criminal investigations in which human
biological specimens have been recovered. Upon request, the
bureau shall also make the data available to the prosecutor and
the subject of the data in any subsequent criminal prosecution
of the subject. new text begin The results of the bureau's DNA analysis and
related records are private data on individuals, as that term is
defined in section 13.02, and may only be used for law
enforcement identification purposes. The remedies in section
13.08 apply to a violation of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 299C.21, is
amended to read:

299C.21 PENALTY ON LOCAL OFFICER REFUSING INFORMATION.

If any public official charged with the duty of furnishing
to the bureau fingerprint records, new text begin biological specimens,
new text end reports, or other information required by sections 299C.06,
299C.10, new text begin 299C.105, new text end 299C.11, 299C.17, shall neglect or refuse to
comply with such requirement, the bureau, in writing, shall
notify the state, county, or city officer charged with the
issuance of a warrant for the payment of the salary of such
official. Upon the receipt of the notice the state, county, or
city official shall withhold the issuance of a warrant for the
payment of the salary or other compensation accruing to such
officer for the period of 30 days thereafter until notified by
the bureau that such suspension has been released by the
performance of the required duty.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.117, is
amended to read:

609.117 DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.

Subdivision 1.

Upon sentencing.

new text begin If an offender has not
already done so, new text end the court shall order an offender to provide a
biological specimen for the purpose of DNA analysis as defined
in section 299C.155 when:

(1) the court sentences a person charged with deleted text begin violating or
attempting to violate any of the following, deleted text end new text begin committing or
attempting to commit a felony offense new text end and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances deleted text begin :
deleted text end

deleted text begin (i) murder under section 609.185, 609.19, or 609.195;
deleted text end

deleted text begin (ii) manslaughter under section 609.20 or 609.205;
deleted text end

deleted text begin (iii) assault under section 609.221, 609.222, or 609.223;
deleted text end

deleted text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
deleted text end

deleted text begin (v) kidnapping under section 609.25;
deleted text end

deleted text begin (vi) false imprisonment under section 609.255;
deleted text end

deleted text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
deleted text end

deleted text begin (viii) incest under section 609.365;
deleted text end

deleted text begin (ix) burglary under section 609.582, subdivision 1; or
deleted text end

deleted text begin (x) indecent exposure under section 617.23, subdivision 3;
deleted text end

deleted text begin (2) the court sentences a person as a patterned sex
offender under section 609.108 deleted text end ; or

deleted text begin (3) deleted text end new text begin (2) new text end the juvenile court adjudicates a person a
delinquent child who is deleted text begin the subject of a delinquency petition
for violating or attempting to violate any of the following, and
the delinquency adjudication is based on a violation of one of
those sections or of any offense arising out of the same set of
circumstances:
deleted text end

deleted text begin (i) murder under section 609.185, 609.19, or 609.195;
deleted text end

deleted text begin (ii) manslaughter under section 609.20 or 609.205;
deleted text end

deleted text begin (iii) assault under section 609.221, 609.222, or 609.223;
deleted text end

deleted text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
deleted text end

deleted text begin (v) kidnapping under section 609.25;
deleted text end

deleted text begin (vi) false imprisonment under section 609.255;
deleted text end

deleted text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
deleted text end

deleted text begin (viii) incest under section 609.365;
deleted text end

deleted text begin (ix) burglary under section 609.582, subdivision 1; or
deleted text end

deleted text begin (x) indecent exposure under section 617.23, subdivision
3 deleted text end new text begin petitioned for committing or attempting to commit a felony
offense and is adjudicated delinquent for that offense or any
offense arising out of the same set of circumstances new text end .

The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.

Subd. 2.

Before release.

The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:

(1) deleted text begin is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or deleted text end new text begin was new text end initially charged with deleted text begin violating one of the
following sections or a similar law of another state or the
United States and deleted text end new text begin committing or attempting to commit a felony
offense and was new text end convicted of deleted text begin another deleted text end new text begin that offense or of any
new text end offense arising out of the same set of circumstances new text begin , or the
person has a past felony conviction new text end deleted text begin :
deleted text end

deleted text begin (i) murder under section 609.185, 609.19, or 609.195;
deleted text end

deleted text begin (ii) manslaughter under section 609.20 or 609.205;
deleted text end

deleted text begin (iii) assault under section 609.221, 609.222, or 609.223;
deleted text end

deleted text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
deleted text end

deleted text begin (v) kidnapping under section 609.25;
deleted text end

deleted text begin (vi) false imprisonment under section 609.255;
deleted text end

deleted text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
deleted text end

deleted text begin (viii) incest under section 609.365;
deleted text end

deleted text begin (ix) burglary under section 609.582, subdivision 1; or
deleted text end

deleted text begin (x) indecent exposure under section 617.23, subdivision 3;
or
deleted text end

deleted text begin (2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections deleted text end ; or

deleted text begin (3) deleted text end new text begin (2) new text end is serving a term of imprisonment in this state
under a reciprocal agreement although convicted in another state
of deleted text begin an offense described in this subdivision or a similar law of
the United States or any other state deleted text end new text begin committing or attempting to
commit a felony offense or of any offense arising out of the
same set of circumstances if the person was initially charged
with committing or attempting to commit a felony offense new text end . The
commissioner of corrections or local corrections authority shall
forward the sample to the Bureau of Criminal Apprehension.

Subd. 3.

Offenders from other states.

When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16, the acceptance is
conditional on the offender providing a biological specimen for
the purposes of DNA analysis as defined in section 299C.155, if
the offender was deleted text begin convicted of an offense described in
subdivision 1 or a similar law of the United States or any other
state deleted text end new text begin initially charged with committing or attempting to commit
a felony offense and was convicted of that offense or of any
offense arising out of the same set of circumstances new text end . The
specimen must be provided under supervision of staff from the
Department of Corrections or a Community Corrections Act county
within 15 business days after the offender reports to the
supervising agent. The cost of obtaining the biological
specimen is the responsibility of the agency providing
supervision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to offenders sentenced, released from incarceration,
or accepted for supervision on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609A.02,
subdivision 3, is amended to read:

Subd. 3.

Certain criminal proceedings not resulting in a
conviction.

A petition may be filed under section 609A.03 to
seal all records relating to an arrest, indictment or
information, trial, or verdict if the records are not subject to
section 299C.11, new text begin subdivision 1, new text end paragraph (b), and if all
pending actions or proceedings were resolved in favor of the
petitioner. For purposes of this chapter, a verdict of not
guilty by reason of mental illness is not a resolution in favor
of the petitioner.

Sec. 11.

Minnesota Statutes 2004, section 609A.03,
subdivision 7, is amended to read:

Subd. 7.

Limitations of order.

deleted text begin (a) Upon issuance of an
expungement order related to a charge supported by probable
cause, the DNA samples and DNA records held by the Bureau of
Criminal Apprehension shall not be sealed, returned to the
subject of the record, or destroyed.
deleted text end

deleted text begin (b) deleted text end Notwithstanding the issuance of an expungement order:

(1) an expunged record may be opened for purposes of a
criminal investigation, prosecution, or sentencing, upon an ex
parte court order; and

(2) an expunged record of a conviction may be opened for
purposes of evaluating a prospective employee in a criminal
justice agency without a court order.

Upon request by law enforcement, prosecution, or
corrections authorities, an agency or jurisdiction subject to an
expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as
provided by this paragraph. For purposes of this section, a
"criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under
statutory authority.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the
commissioner of public safety to fund the DNA collection and
testing required by this act. The appropriation is available
for the biennium ending June 30, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each section of Minnesota Statutes where section
299C.105 is cross-referenced, the revisor of statutes shall
insert a cross-reference to section 299C.106.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 609.119, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end