2007 Minnesota Statutes

609.117 DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.
    Subdivision 1. Upon sentencing. If an offender has not already done so, 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 committing or attempting to commit a felony
offense and the person is convicted of that offense or of any 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 and is adjudicated delinquent for that offense or 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. The commissioner of corrections or local corrections authority
shall order a person to provide a biological specimen for the purpose of DNA analysis 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 and was
convicted of that offense or of any offense arising out of the same set of circumstances, or the
person has a past felony conviction in this or any other state; 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 or of any
offense arising out of the same set of circumstances if the person was initially charged with
committing or attempting to commit a felony offense. 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 initially charged with committing or attempting to
commit a felony offense and was convicted of that offense or of any 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.
History: 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; 1999 c 216 art 3 s 7-9; 1Sp2001 c 8 art 9
s 6; 2005 c 136 art 12 s 9