CHAPTER 393
H.P. 300 - L.D. 380
An Act To Protect Public Safety Using DNA Data of Juvenile Violent Offenders
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §1572, sub-§6, as enacted by PL 1995, c. 457, §1, is amended to read:
6. DNA sample. "DNA sample" means a blood biological sample provided by a person convicted or a juvenile adjudicated of one of the offenses listed in this chapter or submitted to the crime lab for analysis pursuant to a criminal investigation.
Sec. 2. 25 MRSA §1572, sub-§7-A is enacted to read:
7-A. Juvenile. "Juvenile" means any person who has not attained 18 years of age.
Sec. 3. 25 MRSA §1574, as amended by PL 2001, c. 325, §§1 to 5, is further amended to read:
§1574. Biological sample required for DNA analysis upon conviction or adjudication
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 taken and at the time of sentencing the court shall enter an order directing that the DNA sample be drawn taken. If the convicted person's sentence includes a straight term of imprisonment or a split term of imprisonment, the DNA sample may be drawn taken 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 taken 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 taken as a condition of probation.
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 subsection 4, must have a DNA sample drawn taken before release from the corrections system.
3-A. Juveniles. A juvenile adjudicated on or after October 1, 2003 of a juvenile crime that, if committed by an adult, would constitute an offense listed in subsection 6 is subject to the requirements of this section.
4. Applicable offenses for persons convicted after January 1, 1996 and before October 1, 2001. This section subsection 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.
5. Applicable offenses for persons convicted on or after October 1, 2001. This section subsection applies to a person convicted on or 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.
6. Applicable offenses for juveniles adjudicated on or after October 1, 2003. This subsection applies to a juvenile adjudicated on or after October 1, 2003 of committing a juvenile crime that, if committed by an adult, would constitute one or more of the following offenses or an attempt of one or more of the following offenses:
A. Murder;
B. Felony murder;
C. Manslaughter;
D. Aggravated assault;
E. Elevated aggravated assault;
F. Gross sexual assault;
G. Unlawful sexual contact;
H. Kidnapping;
I. Criminal restraint;
J. Burglary;
K. Robbery;
L. Arson;
M. Aggravated criminal mischief; or
N. Causing a catastrophe.
Sec. 4. 25 MRSA §1575, as amended by PL 1997, c. 608, §4, is further amended to read:
§1575. Procedure for collection of biological sample for DNA analysis
1. Collection equipment. The crime lab shall provide collection equipment or a kit for the collection of a blood biological sample required by section 1574 to persons authorized to draw blood collect samples.
2. Person to draw blood sample. Only a duly licensed physician, physician assistant, registered nurse, 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 sample for DNA sample analysis.
2-A. Person to collect biological sample. A person described in subsection 2, a corrections officer, a probation officer or a juvenile community corrections officer may collect a biological sample that is not a blood sample.
3. Liability. A person authorized under this section to draw blood or collect other biological samples is not liable for damages or liable for the act of drawing a blood or collecting another biological sample for DNA analysis when that person exercises due care in drawing blood or collecting the blood biological sample.
4. Crime lab. All blood biological samples collected pursuant to this Act must be forwarded to the crime lab for DNA analysis.
Sec. 5. 25 MRSA §1576, as enacted by PL 1995, c. 457, §1, is amended to read:
§1576. Procedure for collection; conducting DNA analysis
The Chief of the State Police may adopt rules governing the procedures to be used in the collection, submission, identification, analysis and storage of DNA samples and the results of the typing of blood biological samples submitted pursuant to this Act. The DNA biological sample must be securely stored in the state DNA data bank. The results of the typing of the blood biological samples must be securely stored in the state DNA data base.
Sec. 6. 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 or a juvenile crime as a result of a search of DNA records stored in the state DNA data base. A person who has been identified and charged with a criminal offense or a juvenile crime has access only to that person's records and any other records that person is entitled to under the Maine Rules of Evidence.
Sec. 7. 25 MRSA §1577, sub-§4, as enacted by PL 1995, c. 457, §1, is amended to read:
4. Expungement. A person whose DNA record has been stored in the state DNA data base may petition the Superior Court for expungement on the ground that the conviction or adjudication justifying the inclusion of the DNA record in the state DNA data base has been reversed or dismissed. Upon receipt of an expungement order and a certified copy of the order reversing and dismissing the conviction or adjudication, the Chief of the State Police shall purge from the state DNA data base the DNA record and all identifiable information resulting exclusively from the reversed conviction or adjudication.
Effective September 13, 2003, unless otherwise indicated.
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