An Act To Require That Law Enforcement Officials Collect DNA Samples from Persons Arrested for Certain Crimes
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1301, sub-§7 is enacted to read:
7. State DNA Data Base Fund surcharge. As part of a fine imposed under this chapter, the court shall impose an additional assessment in an amount equal to 7% of the original fine. The Treasurer of State shall disburse the assessment required under this subsection to the State DNA Data Base Fund established under Title 25, section 1579. For purposes of collection and collection procedures, this assessment is considered part of the fine. At the time of commitment, the court shall inform the Department of Corrections or the county sheriff of any unpaid balances on assessments owed by the offender to the State DNA Data Base Fund.
Sec. 2. 25 MRSA §1572, sub-§6, as amended by PL 2003, c. 393, §1, is further amended to read:
6. DNA sample. "DNA sample" means a biological sample provided by a person convicted or a juvenile adjudicated of one of the offenses listed in collected pursuant to this chapter or submitted to the crime lab for analysis pursuant to a criminal investigation.
Sec. 3. 25 MRSA §1574, as amended by PL 2003, c. 393, §3, is further amended to read:
§ 1574. Biological sample required for DNA analysis
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 taken and at the time of sentencing the court shall enter an order directing that the DNA sample be taken. If the convicted person's sentence includes a straight term of imprisonment or a split term of imprisonment, the DNA sample may be 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 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 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 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 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 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 misconduct with a child under 14 years of age;
G. Solicitation of Soliciting 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 section 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.
7. Applicable offenses for persons arrested on or after January 1, 2012. A person arrested on or after January 1, 2012 for an offense listed in this subsection shall submit to having a DNA sample taken by a law enforcement agency as part of the booking process. For a person who is charged with an offense listed in this subsection by an indictment, information or complaint on a Class A, B or C crime on or after January 1, 2012 and who is not arrested for the offense on or after January 1, 2012 because the person's arrest occurred prior to that date or the person's appearance is procured by summons or other means rather than arrest, if the booking process occurs on or after January 1, 2012, the law enforcement agency conducting the booking process shall collect the DNA sample from the person as part of the booking process. For a person who is charged with an offense listed in this subsection by an indictment, information or complaint on a Class A, B or C crime on or after January 1, 2012 and who is not arrested for the offense on or after January 1, 2012 because the person's arrest occurred prior to that date or the person's appearance is procured by summons or other means rather than arrest and is not subject to a booking process on or after January 1, 2012, the court shall order the person to submit to having a DNA sample collected by the investigating agency of the State responsible for fingerprinting. If the collection of a DNA sample pursuant to this subsection is impractical at the time specified by this subsection, an appropriate agency may collect the sample at any other time during the person's detention or during pendency of the charges. This subsection applies to 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 misconduct with a child under 14 years of age; and
G. Soliciting of a child by a computer to commit a prohibited act.
Sec. 4. 25 MRSA §1577, sub-§4, as amended by PL 2003, c. 393, §7, is further amended to read:
4. Expungement of profiles of convicted offenders and adjudicated juveniles. A person whose DNA record has been stored in the state DNA data base pursuant to section 1574, subsection 1, 2, 3-A, 4, 5 or 6 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.
Sec. 5. 25 MRSA §1577, sub-§5 is enacted to read:
5. Expungement of profiles of persons arrested. A person whose DNA record has been stored in the state DNA data base pursuant to section 1574, subsection 7 may request the Chief of the State Police for expungement of the person's DNA record from the data base on the ground that the underlying charge that led to the arrest justifying the inclusion of the DNA record in the data base has been resolved by dismissal, nolle prosequi, successful completion of a pretrial diversion program or a conditional discharge or acquittal. The Chief of the State Police shall expunge the DNA record of a person under this subsection when the person provides a written request for expungement and:
A. A certified copy of the dismissal, nolle prosequi, proof of successful completion of a pretrial diversion program or a conditional discharge or acquittal; or
B. A sworn affidavit that no charges listed in section 1574, subsection 7 arising from the arrest have been filed within one year.
Sec. 6. 25 MRSA §1579 is enacted to read:
§ 1579. State DNA Data Base Fund
1. Fund established. The State DNA Data Base Fund, referred to in this section as "the fund," is established.
2. Sources of funds. The fund receives money from appropriations, allocations, bond proceeds and donations and funds from the assessments under Title 17-A, section 1301, subsection 7 and Title 29-A, section 2602, subsection 4, paragraph D.
3. Purpose. Money in the fund must be used to pay expenses of the crime lab, the Department of Corrections and relevant law enforcement agencies incurred in carrying out the purposes of this chapter.
4. Administration. The Department of Public Safety shall administer the fund and may adopt rules to develop criteria and procedures for carrying out the purposes of the fund. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The expenses of administering the fund must be paid out of proceeds in the fund.
5. Nonlapsing. Any funds remaining in the fund at the end of a fiscal year do not lapse but carry forward to the next fiscal year. The Department of Public Safety may invest proceeds of the fund in an interest-bearing account.
Sec. 7. 29-A MRSA §2602, sub-§4, ¶B, as amended by PL 2003, c. 498, §6 and affected by §12, is further amended to read:
B. Of the fines and forfeitures collected for traffic infractions under sections 511, 2354, 2356, 2360, 2380, 2387 and 2388, 7% accrues to the General Fund, 6% accrues to the Law Enforcement Agency Reimbursement Fund and the balance accrues to the General Highway Fund; and
Sec. 8. 29-A MRSA §2602, sub-§4, ¶C, as amended by PL 2003, c. 498, §6 and affected by §12, is further amended to read:
C. Of the fines and forfeitures collected for violations other than traffic infractions under sections 511, 2354, 2356, 2360, 2380, 2387 and 2388, only $5 or 13%, whichever is greater, accrues to the General Fund and the balance accrues to the Highway Fund . ; and
Sec. 9. 29-A MRSA §2602, sub-§4, ¶D is enacted to read:
D. As part of a fine imposed under this Title, an additional assessment in an amount equal to 7% of the original fine must be assessed. The Treasurer of State shall disburse the assessment required under this paragraph to the State DNA Data Base Fund established under Title 25, section 1579. For purposes of collection and collection procedures, this assessment is considered part of the fine.
summary
This bill requires a person who has been arrested, charged or indicted on or after January 1, 2012 for murder, a Class A, B or C crime, sexual abuse of a minor, unlawful sexual contact, visual sexual aggression against a child, sexual misconduct with a child under 14 years of age or soliciting a child by a computer to commit a prohibited act to submit to having a DNA sample taken to be added to the state DNA data base.
The bill provides funds to pay for the collection of DNA samples for the state DNA data base by requiring an additional assessment on all criminal and motor vehicle violation fines equal to 7% of the amount of the fines, to be deposited into the State DNA Data Base Fund established by this bill and administered by the Department of Public Safety.