1998 Minnesota Statutes

     609.3461 DNA analysis of sex offenders required. 

    Subdivision 1.    Upon sentencing.  The court shall 
 order an offender to provide a biological specimen for the 
 purpose of DNA analysis as defined in section 299C.155 when: 

    (1) the court sentences a person charged with violating or 
 attempting to violate section 609.185, clause (2), 609.342, 
 609.343, 609.344, 609.345, or 617.23, subdivision 3, clause (2), 
 who is convicted of violating one of those sections or of any 
 offense arising out of the same set of circumstances; 

    (2) the court sentences a person as a patterned sex 
 offender under section 609.108; or 

    (3) the juvenile court adjudicates a person a delinquent 
 child who is the subject of a delinquency petition for violating 
 or attempting to violate section 609.185, clause (2), 609.342, 
 609.343, 609.344, 609.345, or 617.23, subdivision 3, clause (2), 
 and the delinquency adjudication is based on a violation of one 
 of those sections or of any offense arising out of the same set 
 of circumstances.  The biological specimen or the results of the 
 analysis shall be maintained by the bureau of criminal 
 apprehension as provided in section 299C.155.  

    Subd. 2.    Before release.  If a person convicted of 
 violating or attempting to violate section 609.185, clause (2), 
 609.342, 609.343, 609.344, 609.345, or 617.23, subdivision 3, 
 clause (2), or initially charged with violating one of those 
 sections and convicted of another offense arising out of the 
 same set of circumstances, or sentenced as a patterned sex 
 offender under section 609.108, and committed to the custody of 
 the commissioner of corrections, or serving a term of 
 imprisonment in this state under a reciprocal agreement although 
 convicted in another state of an offense described in this 
 subdivision or a similar law of the United States or any other 
 state, has not provided a biological specimen for the purpose of 
 DNA analysis, the commissioner of corrections or local 
 corrections authority shall order the person to provide a 
 biological specimen for the purpose of DNA analysis before 
 completion of the person's term of imprisonment.  The 
 commissioner of corrections or local corrections authority shall 
 forward the sample to the bureau of criminal apprehension. 

    Subd. 3.    Offenders from other states.  When the state 
 accepts an offender from another state under the interstate 
 compact authorized by section 243.16, the acceptance is 
 conditional on the offender providing a biological specimen for 
 the purposes of DNA analysis as defined in section 299C.155, if 
 the offender was convicted of an offense described in 
 subdivision 1 or a similar law of the United States or any other 
 state.  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. 

    HIST: 1989 c 290 art 4 s 16; 1991 c 232 s 2; 1991 c 285 s 11; 
 1993 c 326 art 10 s 15; art 13 s 32; 1998 c 367 art 3 s 12,13; 
 art 6 s 15