§ 35-38-1-27 — Persons required to provide a DNA sample as a condition of a sentence

Indiana § 35-38-1-27

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 1: Entry of Judgment and Sentencing

Text

(a) If a court imposes a sentence that does
not involve a commitment to the department of correction, the court
shall require a person:
(1) who is described in IC 10-13-6-10(a); and
(2) who has not previously provided a DNA sample in accordance
with IC 10-13-6;
to provide a DNA sample as a condition of the sentence.
(b) If a person described in subsection (a) is confined at the time of
sentencing, the court shall order the person to provide a DNA sample
immediately after sentencing.
(c) If a person described in subsection (a) is not confined at the time
of sentencing, the agency supervising the person after sentencing shall
establish the date, time, and location for the person to provide a DNA
sample. However, the supervising agency must require that the DNA
sample be provided not more than seven (7) days after sentencing. A
supervising agency's failure to obtain a DNA sample not more than
seven (7) days after sentencing does not permit a person required to
provide a DNA sample to challenge the requirement that the person
provide a DNA sample at a later date.
(d) A person's failure to provide a DNA sample is grounds for
revocation of the person's probation, community corrections placement,
or other conditional release.

Legislative History

As added by P.L.140-2006, SEC.22 and P.L.173-2006, SEC.22. Amended by P.L.111-2017, SEC.9.