SF 395

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; requiring persons convicted of 
  1.3             causing the death of someone while committing criminal 
  1.4             sexual conduct to give biological specimens for DNA 
  1.5             analysis; amending Minnesota Statutes 1996, section 
  1.6             609.3461, subdivisions 1 and 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 609.3461, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
  1.11  offender to provide a biological specimen for the purpose of DNA 
  1.12  analysis as defined in section 299C.155 when: 
  1.13     (1) the court sentences a person charged with violating or 
  1.14  attempting to violate section 609.185, clause (2), 609.342, 
  1.15  609.343, 609.344, or 609.345, who is convicted of violating one 
  1.16  of those sections or of any offense arising out of the same set 
  1.17  of circumstances; 
  1.18     (2) the court sentences a person as a patterned sex 
  1.19  offender under section 609.1352; or 
  1.20     (3) the juvenile court adjudicates a person a delinquent 
  1.21  child who is the subject of a delinquency petition for violating 
  1.22  or attempting to violate section 609.185, clause (2), 609.342, 
  1.23  609.343, 609.344, or 609.345, and the delinquency adjudication 
  1.24  is based on a violation of one of those sections or of any 
  1.25  offense arising out of the same set of circumstances.  The 
  1.26  biological specimen or the results of the analysis shall be 
  2.1   maintained by the bureau of criminal apprehension as provided in 
  2.2   section 299C.155. 
  2.3      Sec. 2.  Minnesota Statutes 1996, section 609.3461, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
  2.6   violating or attempting to violate section 609.185, clause (2), 
  2.7   609.342, 609.343, 609.344, or 609.345, or initially charged with 
  2.8   violating one of those sections and convicted of another offense 
  2.9   arising out of the same set of circumstances, or sentenced as a 
  2.10  patterned sex offender under section 609.1352, and committed to 
  2.11  the custody of the commissioner of corrections, or serving a 
  2.12  term of imprisonment in this state under a reciprocal agreement 
  2.13  although convicted in another state of an offense described in 
  2.14  this subdivision or a similar law of the United States or any 
  2.15  other state, has not provided a biological specimen for the 
  2.16  purpose of DNA analysis, the commissioner of corrections or 
  2.17  local corrections authority shall order the person to provide a 
  2.18  biological specimen for the purpose of DNA analysis before 
  2.19  completion of the person's term of imprisonment.  The 
  2.20  commissioner of corrections or local corrections authority shall 
  2.21  forward the sample to the bureau of criminal apprehension.