SF 1201

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; removing the sunset on the
collection of biological specimens for DNA testing
from persons convicted or adjudicated delinquent of a
felony; appropriating money; amending Minnesota
Statutes 2004, section 609.119.

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

Section 1.

Minnesota Statutes 2004, section 609.119, is
amended to read:

609.119 ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR
DNA TESTING.

(a) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end The court shall
order an offender to provide a biological specimen for the
purpose of deleted text begin future deleted text end DNA analysis as described in section 299C.155
when:

(1) the court sentences a person charged with committing or
attempting to commit a felony offense not described in section
609.117, subdivision 1, and the person is convicted of that
offense or of any felony offense arising out of the same set of
circumstances; or

(2) the juvenile court adjudicates a person a delinquent
child who is petitioned for committing or attempting to commit a
felony offense not described in section 609.117, subdivision 1,
and is adjudicated delinquent for that offense or any
felony-level offense arising out of the same set of
circumstances.

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

(b) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end The commissioner
of corrections or local corrections authority shall order a
person to provide a biological specimen for the purpose of
deleted text begin future deleted text end DNA analysis as described in section 299C.155 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) was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1, and was convicted of that offense or of any
felony offense arising out of the same set of circumstances; or

(2) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of
committing or attempting to commit a felony offense not
described in section 609.117, subdivision 1, or of any felony
offense arising out of the same set of circumstances if the
person was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1.

The commissioner of corrections or local corrections authority
shall forward the sample to the Bureau of Criminal Apprehension.

(c) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16 or 243.1605, the acceptance
is conditional on the offender providing a biological specimen
for the purposes of deleted text begin future deleted text end DNA analysis as described in section
299C.155, if the offender was initially charged with committing
or attempting to commit a felony offense not described in
section 609.117, subdivision 1, and was convicted of that
offense or of any felony offense arising out of the same set of
circumstances. 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.
new text end

Sec. 2. new text begin APPROPRIATIONS.
new text end

new text begin $....... is appropriated for the fiscal year ending June
30, 2006, and $....... is appropriated for the fiscal year
ending June 30, 2007, from the general fund to the
superintendent of the Bureau of Criminal Apprehension to fund
DNA collection and testing under section 1.
new text end