HF 1764

as introduced - 89th Legislature (2015 - 2016) Posted on 03/12/2015 01:58pm

A bill for an act
relating to public safety; addressing the collection of biological specimens for
DNA analysis; imposing criminal penalties; amending Minnesota Statutes 2014,
section 299C.105.

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

Section 1.

Minnesota Statutes 2014, section 299C.105, is amended to read:

299C.105 DNA DATA REQUIRED.

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

new text begin (2) persons who have been arrested for committing or attempting to commit any of
the following offenses after reaching the age of 18 years new text end :

(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 or aggravated robbery under section 609.245;

(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;

deleted text begin (2) deleted text end new text begin (3) new text end persons sentenced as patterned sex offenders under section 609.3455,
subdivision 3a; or

deleted text begin (3) deleted text end new text begin (4) new text end juveniles who have deleted text begin appeared in court and have had a judicial probable cause
determination on a charge of committing, or juveniles having deleted text end been adjudicated delinquent
for committing or attempting to commit deleted text begin , any of the following:
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,
609.3451, subdivision 3, or 609.3453;
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 a felony offense new text end .

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

Subd. 2.

Law enforcement training; duties.

(a) 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.

(b) A law enforcement officer who seeks to collect a biological specimen from a
juvenile pursuant to subdivision 1 must notify the juvenile's parent or guardian prior to
collecting the biological specimen.

Subd. 3.

deleted text begin Bureau duty deleted text end new text begin Destruction of biological sample new text end .

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

new text begin (a) A person may request that the bureau destroy the person's biological specimen,
remove all related DNA records from the DNA index system, and return the records
to the person on the following grounds:
new text end

new text begin (1) the conviction or delinquency adjudication that led to the inclusion of the
specimen has been reversed; or
new text end

new text begin (2) the arrest that led to the inclusion of the specimen has:
new text end

new text begin (i) resulted in a felony charge that has been resolved by a dismissal, successful
completion of a preprosecution diversion program, or acquittal; or
new text end

new text begin (ii) not resulted in a felony charge within one year of arrest.
new text end

new text begin (b) The bureau shall destroy a person's biological specimen, remove all related DNA
records from the DNA index system, and return the records to the person when the person
provides the bureau with a written request for this, and:
new text end

new text begin (1) for specimens included pursuant to a conviction or adjudication, a certified copy
of the court order that reversed the conviction or adjudication that led to the inclusion
of the specimen; or
new text end

new text begin (2) for specimens included pursuant to arrest:
new text end

new text begin (i) a certified copy of the dismissal or acquittal, or satisfactory proof of successful
completion of a preprosecution diversion program; or
new text end

new text begin (ii) a sworn affidavit that no felony charges arising out of the arrest have been filed
within one year.
new text end

new text begin (c) When a person's biological specimen is destroyed and related DNA records are
removed from the DNA index system, the superintendent of the bureau shall ensure that
the person's specimen and records are removed from the Federal Bureau of Investigation's
Combined DNA Index System.
new text end

new text begin (d) The bureau may not act under this subdivision if the person has a prior felony
conviction or delinquency adjudication or a pending felony charge for which collection of
a biological specimen is required under this section.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) The attorney general or a county attorney may petition
a court for an order directing a person required to provide a biological specimen under
this section to:
new text end

new text begin (1) provide a specimen; or
new text end

new text begin (2) provide a specimen by alternative means if the person will not cooperate.
new text end

new text begin (b) Nothing in this subdivision shall prevent the collection of biological specimens
by order of a court of competent jurisdiction or the collection of specimens of covered
offenders.
new text end

new text begin Subd. 5. new text end

new text begin Limitation on liability. new text end

new text begin (a) Persons authorized to collect biological
specimens are not civilly or criminally liable for the collection of a specimen under this
section if the person performs these duties in good faith and in a reasonable manner
according to generally accepted medical or other professional practices.
new text end

new text begin (b) The detention, arrest, or conviction of a person based upon a match in the DNA
index system is not invalidated if the DNA profile was obtained or placed in the DNA
index system by mistake, provided that the bureau can demonstrate that a good-faith effort
has been made to comply with all laws and regulations governing the inclusion of this
information in the DNA index system, and shall not prohibit the law enforcement officials
from the legitimate use of the information in furtherance of a criminal investigation.
new text end

new text begin Subd. 6. new text end

new text begin Unlawful dissemination or use of information; criminal penalties;
civil action. new text end

new text begin (a) Any person who, without authority, knowingly obtains any biological
specimen submitted to the bureau for analysis or disseminates information contained in
the DNA index system is guilty of a felony and may be sentenced to imprisonment for not
more than one year and a day or to payment of a fine of not more than $3,000, or both.
new text end

new text begin (b) A person who by virtue of employment or official position has possession of, or
access to, any biological specimen submitted to the bureau for analysis or individually
identifiable DNA information in the DNA index system and knowingly discloses the
specimen or information in any manner to any person or agency not authorized to receive
it is guilty of a felony and may be sentenced to imprisonment for not more than one year
and a day or to payment of a fine of not more than $3,000, or both.
new text end

new text begin (c) Any person who disseminates, receives, or otherwise uses any biological
specimen submitted to the bureau for analysis or information in the DNA index system,
knowing that the conduct is for a purpose other than as authorized by law is guilty of a
felony and may be sentenced to imprisonment for not more than one year and a day or to
payment of a fine of not more than $3,000, or both.
new text end

new text begin (d) Any individual who is harmed as a result of a violation of this section may bring
a cause of action against the person whose violation caused the harm.
new text end

new text begin (e) Except as authorized by law, any person who, for purposes of having DNA
analysis performed, obtains any biological specimen submitted to the bureau for analysis
is guilty of a felony and may be sentenced to imprisonment for not more than one year and
a day or to payment of a fine of not more than $3,000, or both.
new text end

new text begin Subd. 7. new text end

new text begin Definition. new text end

new text begin As used in this section, "DNA index system" means the
centralized DNA data bank described in section 299C.155, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end