Sec. 1. 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, shall have a DNA sample drawn at least before release from the corrections system but may request a DNA sample be drawn at any time during incarceration.

Sec. 2. 25 MRSA §1574-A is enacted to read:

§1574-A.__Optional blood sample for DNA analysis

A person charged with a criminal offense or a person convicted of a crime, regardless of when that person was sentenced, who is not required to submit to having a DNA sample drawn pursuant to section 1574 may request that a DNA sample be drawn and the Chief of the State Police shall have the sample drawn as described in section 1575, subsection 2.

Sec. 3. 25 MRSA §1577, sub-§2, ¶D, as enacted by PL 1995, c. 457, §1, is amended to read:

D. A person who has been identified and charged with a criminal offense as a result of a search of DNA records stored in the state DNA data base or a person who opts to have a sample drawn pursuant to section 1574-A. A person who has been identified and charged with a criminal offense or a person who opts to have a sample drawn pursuant to section 1574-A has access only to that person's records and any other records that person is entitled to under the Maine Rules of Evidence.

Sec. 4. 25 MRSA §1577, sub-§5 is enacted to read:

5.__Use of records by prosecutors.__In a case involving a person whose DNA sample has been drawn, the prosecuting attorney shall use all of the DNA records for that person, regardless of what the records indicate.__If a person has been sentenced and after sentencing has a DNA test that indicates that the person did not commit the offense, the prosecutor must reopen the case.