Minnesota Session Laws - 2010, Regular Session

CHAPTER 256--S.F.No. 3116

An act

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:

Section 1.

Minnesota Statutes 2008, section 609.117, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin After supervision expires. new text end

new text begin (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: new text end

new text begin (1) identifies the offender by name and date of birth; new text end

new text begin (2) identifies the offender's last known address; new text end

new text begin (3) identifies the offender's charged offense, offense of conviction, and date of conviction; and new text end

new text begin (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. new text end

new text begin (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. new text end

new text begin (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. new text end

new text begin (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: new text end

new text begin (1) requiring the offender to submit the specimen within 30 days from the date of the order at a designated location; new text end

new text begin (2) including the designated location's address, telephone number, and regular hours of operation; and new text end

new text begin (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. new text end

new text begin (e) The local corrections authority shall mail the order in paragraph (d) to the offender's last known address. new text end

Presented to the governor April 19, 2010

Signed by the governor April 22, 2010, 11:43 a.m.