SF 3059

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 08:47am

A bill for an act
relating to public safety; removing law regarding collection of DNA data without
a conviction; providing for the removal of certain biological specimens and records
from the DNA index system; amending Minnesota Statutes 2022, section 299C.105,
subdivision 1; repealing Minnesota Statutes 2022, section 299C.105, subdivision
3.

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

Section 1.

Minnesota Statutes 2022, section 299C.105, subdivision 1, is amended to read:

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

(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;

(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision
3a; or

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

(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.

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

Sec. 2. new text begin DNA RECORDS REMOVED.
new text end

new text begin (a) The Bureau of Criminal Apprehension shall identify all biological specimens and
related records from the DNA index system of persons who provided a biological specimen
solely on a judicial probable cause determination on a charge under Minnesota Statutes,
section 299C.105, subdivision 1, paragraph (a), clause (1) or (3), before August 1, 2023.
The bureau shall notify the person that the biological specimen and related DNA records
shall be destroyed under this section or that the person may request the records be returned
to that person upon a written request.
new text end

new text begin (b) When a person's biological specimen has been destroyed and the related DNA records
have been 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 (c) A person's biological specimen and related DNA records must not be destroyed or
returned under this section if the person has a felony conviction or delinquency adjudication
for which collection of a biological specimen continues to be required under Minnesota
Statutes, section 299C.105, on and after August 1, 2023.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 299C.105, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-04355

299C.105 DNA DATA REQUIRED.

Subd. 3.

Bureau duty.

(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.

(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.