§ 12-12-1109 — DNA sample required upon adjudication of guilt

(a) (1) A person who is adjudicated guilty for a qualifying offense on or after August 1, 1997, shall have a DNA sample drawn as follows: (A) (i) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall have a DNA sample drawn upon intake to a prison, jail, or any other detention facility or institution. (ii) If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing; (B) (i) A person who is adjudicated guilty for a qualifying offense shall have a DNA sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, or any other detention facility or institution. (ii) Unless otherwise ordered by the court, the agency supervising the convicted offender shall determine the time and collection of the DNA sample; (C) A person who is acquitted on the grounds of mental disease or defect of the commission of a qualifying offense and committed to an institution or other facility shall have a DNA sample drawn upon intake to that institution or other facility; and (D) Under no circumstance shall a person who is adjudicated guilty for a qualifying offense be released in any manner after this disposition unless a DNA sample has been drawn. (2) A negotiated plea agreement may require a person to provide a DNA sample if the person enters a negotiated plea to a charge that has been reduced from a qualifying offense to an offense that is not a qualifying offense. (b) A person who has been adjudicated guilty for a qualifying offense before August 1, 1997, and who is still serving a term of confinement in connection therewith on August 1, 1997, shall not be released in any manner prior to the expiration of his or her maximum term of confinement unless and until a DNA sample has been drawn. (c) All DNA samples taken pursuant to this section shall be taken in accordance with rules promulgated by the State Crime Laboratory in consultation with the Division of Correction, the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts. (d) (1) When the state accepts a person from another state under any interstate compact or under any other reciprocal agreement with any county, state, or federal agency or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person's providing a DNA sample if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in § 12-12-1103(9) if committed in this state or if the person was convicted of an equivalent offense in any other jurisdiction. (2) The person shall provide the DNA sample in accordance with the rules of the custodial institution or supervising agency. (e) (1) The requirements of this subchapter are mandatory and apply regardless of whether or not a court advises a person that a DNA sample must be provided to the State DNA Data Base and State DNA Data Bank as a condition of probation, parole, or post-release supervision. (2) A person who has been sentenced to death or life without the possibility of parole or to any life or indeterminate term of incarceration is not exempt from the requirements of this subchapter. (3) Any person subject to this subchapter who has not provided a DNA sample for any reason, including the person's release prior to July 16, 2003, an oversight, or because of the person's transfer from another jurisdiction, shall give a DNA sample for inclusion in the data base after being notified by the supervising agency. (4) In the event that a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis.

Legislative History

Amended by Act 2023, No. 659,§ 72, eff. 1/1/2024. Amended by Act 2023, No. 392,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 869, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 726, eff. 7/1/2019. Acts 1997, No. 737, § 9; 2001, No. 218, § 1; 2003, No. 1265, § 6[5]; 2003, No. 1470, § 4.