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299C.105 DNA DATA REQUIRED.
    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) persons who have appeared in court and have had a judicial probable cause determination
on a charge of committing, or 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) juveniles who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or 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).
    Subd. 2. Law enforcement training; duties. (a) The persons who collect the biological
specimens required under subdivision 1 must be trained to bureau-established standards in the
proper method of collecting and transmitting biological specimens.
(b) A law enforcement officer who seeks to collect a biological specimen from a juvenile
pursuant to subdivision 1 must notify the juvenile's parent or guardian prior to collecting the
biological specimen.
    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.
History: 2005 c 136 art 12 s 4; 2006 c 260 art 1 s 47

Official Publication of the State of Minnesota
Revisor of Statutes