‘ 7. Applicable offenses for persons arrested on or after January 1, 2013. If the arrest was made upon an arrest warrant for murder or a Class A, B or C crime or if the defendant has appeared before a judge who made a finding that there was probable cause for the arrest, a DNA sample may be taken pursuant to this subsection. A person arrested on or after January 1, 2013 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, 2013 and who is not arrested for the offense on or after January 1, 2013 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, 2013, 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, 2013 and who is not arrested for the offense on or after January 1, 2013 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, 2013, 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 or criminal homicide in the first or 2nd degree;
B. Felony murder;
C. Manslaughter;
D. Aggravated assault;
E. Elevated aggravated assault;
F. Gross sexual assault, including that formerly denominated as gross sexual misconduct;
G. Rape;
H. Sexual abuse of a minor;
I. Unlawful sexual contact;
J. Visual sexual aggression against a child;
K. Sexual misconduct with a child under 14 years of age;
L. Kidnapping;
M. Criminal restraint;
N. Burglary;
O. Robbery;
P. Arson;
Q. Aggravated criminal mischief; or
R. Any lesser included offense of any crime identified in paragraphs A to Q if the greater offense is initially charged. "Lesser included offense" has the same meaning as in Title 17-A, section 13-A.
8. Analysis and destruction of sample. A DNA sample taken pursuant to subsection 7 may not be analyzed and must be destroyed unless one of the following conditions is met:
A. The arrest was made upon an arrest warrant for murder or a Class A, B or C crime;
B. The defendant has appeared before a judge who made a finding that there was probable cause for the arrest; or
C. The defendant posted bond or was released prior to appearing before a judge or magistrate and then failed to appear for a scheduled hearing.’
