S.P. 749 - L.D. 2027
An Act to Ensure Collection of Essential Data by the Department of Public Safety
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is essential that the law be clear regarding who may draw blood samples and whose blood samples must be drawn for purposes of DNA analysis; and
Whereas, since the DNA Data Base and Data Bank Act was enacted new crimes have been defined and other crimes need to be clarified for the purpose of identifying what offenses require a blood sample be drawn for the purpose of DNA analysis; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §1573, sub-§1, as enacted by PL 1995, c. 457, §1, is amended to read:
1. Responsibility for system. The Chief of the State Police is responsible for DNA analysis and establishing, managing and administering the state DNA data base and the state DNA data bank to support law enforcement and for liaison with the FBI regarding the State's participation in CODIS. The state DNA data base and must be physically located at the crime lab or at State Police Headquarters in Augusta. The state DNA data bank must be physically located at the crime lab.
Sec. 2. 25 MRSA §1574, sub-§1, as enacted by PL 1995, c. 457, §1, is repealed and the following enacted in its place:
1. Conviction subsequent to effective date. A person convicted, on or after January 1, 1996, of a crime listed in subsection 4 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. 3. 25 MRSA §1574, sub-§4, as enacted by PL 1995, c. 457, §1, is amended to read:
4. Applicable offenses. This section applies to a person convicted 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;
E. Gross sexual assault, including that formerly denominated as gross sexual misconduct;
E-1. Rape;
F. Sexual abuse of a minor;
G. Unlawful sexual contact;
G-1. Visual sexual aggression against a child;
G-2. Sexual misconduct with a child under 14 years of age;
H. Kidnapping;
I. Criminal restraint;
J. Burglary;
K. Robbery;
L. Arson;
M. Aggravated criminal mischief; or
N. Any lesser included offense of any crime identified in paragraphs A to M if the greater offense is initially charged. "Lesser included offense" has the same meaning as in Title 17-A, section 13-A.
Sec. 4. 25 MRSA §1575, sub-§2, as enacted by PL 1995, c. 457, §1, is amended to read:
2. Person to draw sample. Only a duly licensed physician, physician assistant, registered nurse or a, licensed practical nurse, person certified by the Department of Human Services or person whose occupational license or training allows that person to draw blood samples may draw a blood DNA sample for the purpose of DNA analysis.
Sec. 5. 25 MRSA §2154, sub-§1, ¶C, as enacted by PL 1993, c. 425, §2, is amended to read:
C. Transmit Enter or cause the report to be entered for inclusion in the State Police and National Crime Information Center computer files on missing children; and
Sec. 6. 25 MRSA §2154, sub-§4 is enacted to read:
4. Medical and dental records. Within 60 days after a law enforcement agency enters the report of a missing child into the State Police and National Crime Information Center computers, that law enforcement agency shall verify and update the record with any additional information, including, when available, medical and dental records.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 18, 1998.
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