Sec. 1. 25 MRSA §1574, sub-§1, as repealed and replaced by PL 1997, c. 608, §2, is amended to read:

1. Conviction subsequent to effective date. A person convicted, on or after January 1, 1996 and before October 1, 2001, of a crime listed in subsection 4 or a person convicted on or after October 1, 2001, of a crime listed in subsection 5 shall submit to having a DNA sample drawn and at the time of sentencing the court shall enter an order directing that the DNA sample be drawn. If the convicted person's sentence includes a straight term of imprisonment or a split term of imprisonment, the DNA sample may be drawn at any time following the commencement of the straight term or initial unsuspended portion of the term of imprisonment. If the convicted person's sentence includes a period of probation but no immediate imprisonment, the DNA sample may be drawn at any time following commencement of the probation period as directed by the probation officer. If the convicted person's sentence includes a period of probation, the court may attach the duty to submit to having a DNA sample drawn as a condition of probation.

Sec. 2. 25 MRSA §1574, sub-§2, as enacted by PL 1995, c. 457, §1, is amended to read:

2. Conviction prior to effective date. A person convicted and incarcerated prior to January 1, 1996, as a result of a conviction for a crime listed in this section subsection 4, shall must have a DNA sample drawn before release from the corrections system.

Sec. 3. 25 MRSA §1574, sub-§4, as amended by PL 1997, c. 608, §3, is further amended to read:

4. Applicable offenses after January 1, 1996 and before October 1, 2001. This section applies to a person convicted after January 1, 1996 and before October 1, 2001 of one or more of the following offenses or an attempt of one or more of the following offenses:

A. Murder or criminal homicide in the first or 2nd degree;

B. Felony murder;

C. Manslaughter;

D. Aggravated assault;

D-1. Elevated aggravated assault;