§ 12-12-1110 — Procedures of withdrawal, collection, and transmission of DNA samples

(a) (1) (A) Each DNA sample required to be taken pursuant to § 12-12-1109 from persons who are incarcerated shall be taken by the agency supervising the convicted offender. (B) DNA samples from persons who are not committed or sentenced to a term of confinement shall be drawn at another facility to be specified by the sentencing court. (C) Only those individuals qualified to draw DNA samples in a medically approved manner shall draw a DNA sample to be submitted for analysis. (2) In addition to the DNA sample, a right thumbprint shall be taken from the person from whom the DNA sample is drawn for the exclusive purpose of verifying the identity of the person. (3) The agency or institution having custody or control or the agency providing supervision of persons convicted or adjudicated delinquent for qualifying offenses, as appropriate, is authorized to contract with third parties to provide for the collection of the DNA samples. (b) The DNA sample and the right thumbprint provided in subdivision (a)(2) of this section shall be delivered to the State Crime Laboratory in accordance with guidelines established by the laboratory. (c) (1) Persons authorized by this section to draw blood shall not be criminally liable for drawing a DNA sample and transmitting the DNA sample pursuant to this subchapter if they perform these activities in good faith. (2) Persons authorized to draw blood shall not be civilly liable for such activities when the persons acted in a reasonable manner and according to generally accepted medical and other professional practices. (d) (1) Authorized law enforcement and corrections personnel may employ reasonable force in cases where an individual refuses to submit to DNA testing authorized under this subchapter. (2) No such employee shall be criminally or civilly liable for the use of reasonable force. (e) (1) Any person who refuses to provide a DNA sample required by this subchapter will receive no further sentence reduction for meritorious good time or earned release credits until such time as a sample is provided, and the Division of Correction shall notify the Post-Prison Transfer Board regarding the refusal. (2) Any person who is subject to this subchapter who knowingly refuses to provide the DNA sample after receiving notification of the requirement to provide a DNA sample shall be guilty of a Class D felony.

Legislative History

Amended by Act 2023, No. 659,§ 73, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 727, eff. 7/1/2019. Acts 1997, No. 737, § 10; 2003, No. 1470, § 4.