Key: (1) language to be deleted (2) new language
relating to public safety; authorizing the collection of DNA from offenders;
amending Minnesota Statutes 2008, section 609.117, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) Upon motion of a prosecuting authority, a court shall issue an order to show cause why an offender who should have been ordered or required to provide a biological specimen under this section but did not, should not now be ordered to provide one for the purposes of DNA analysis. This subdivision applies if the offender's sentence or supervision has expired. The prosecuting authority shall provide the court with an affidavit that:
(1) identifies the offender by name and date of birth;
(2) identifies the offender's last known address;
(3) identifies the offender's charged offense, offense of conviction, and date of conviction; and
(4) indicates that the Bureau of Criminal Apprehension database of biological specimens has been searched and the offender has not previously provided a biological specimen for DNA analysis under this chapter.
(b) The order to show cause shall direct the offender to appear before the court within 30 days after the order is served. The prosecutor shall serve the order to show cause upon the offender in the same manner as a civil summons. The offender may avoid appearing before the court by appearing at a place and time designated in the order and voluntarily providing the specimen.
(c) Upon the offender's appearance before the court, and after an opportunity to be heard, the court may issue an order directing the offender to provide the specimen.
(d) If the offender has failed to provide the specimen or appear before the court and the prosecuting authority makes a sufficient showing that the offender was properly served with the order to show cause, the court may issue an order:
(1) requiring the offender to submit the specimen within 30 days from the date of the order at a designated location;
(2) including the designated location's address, telephone number, and regular hours of operation; and
(3) authorizing, if the offender fails or refuses to comply with the order to provide a specimen, a peace officer to detain and bring the offender before the court as soon as practicable to show cause why the specimen should not be obtained.
(e) The local corrections authority shall mail the order in paragraph (d) to the offender's last known address.
Presented to the governor April 19, 2010
Signed by the governor April 22, 2010, 11:43 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes