CHAPTER 325
H.P. 1165 - L.D. 1565
An Act to Expand the Collection of DNA Samples from Convicted Offenders
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §1574, sub-§1, as repealed and replaced by PL 1997, c. 608, §2, is amended to read: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Sec. 3. 25 MRSA §1574, sub-§3, as enacted by PL 1995, c. 457, §1, is repealed.
Sec. 4. 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;
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. 5. 25 MRSA §1574, sub-§5 is enacted to read:
5. Applicable offenses effective October 1, 2001. This section applies to a person convicted after October 1, 2001 of one or more of the following offenses or an attempt of one or more of the following offenses:
A. Murder;
B. A Class A, B or C crime;
C. Sexual abuse of a minor;
D. Unlawful sexual contact;
E. Visual sexual aggression against a child;
F. Sexual contact with a child under 14 years of age;
G. Solicitation of a child by a computer to commit a prohibited act; or
H. Any lesser included offense of any crime identified in paragraphs A to G if the greater offense is initially charged. "Lesser included offense" has the same meaning as in Title 17-A, section 13-A.
Effective September 21, 2001, unless otherwise indicated.
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