§ 31-13-03 — Individuals to be tested - Costs

North Dakota § 31-13-03

• Jurisdiction: North Dakota
• Title 31: Judicial Proof
• Ch. 31-13: DNA Analysis

Text

1. An individual eighteen years of age or over who is arrested or summoned to appear
before a magistrate for the commission of a felony shall provide to a law enforcement
officer or correctional personnel at the time of the individual's arrest or appearance or
upon booking into a correctional facility a sample of blood or other body fluids for DNA
law enforcement identification purposes and inclusion in the law enforcement
identification databases. If it is determined that the individual's DNA sample is included
in the law enforcement identification databases, an additional sample is not required.
2. The provisions of this subsection apply only if an individual's DNA sample is not
already included in the law enforcement identification databases. The court shall order
any individual convicted on or after August 1, 1995, of any sexual offense or attempted
sexual offense in violation of section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05,
or 12.1-20-06, subdivision e or f of subsection 1 of section 12.1-20-07, or section
12.1-20-11 or any other offense when the court finds at sentencing that the individual
engaged in a nonconsensual sexual act or sexual contact with another individual
during, in the course of, or as a result of, the offense or any individual who is in the
custody of the department after July 31, 1995, as a result of a conviction of one of
these offenses to have a sample of blood or other body fluids taken by the department
for DNA law enforcement identification purposes and inclusion in law enforcement
identification databases. The court shall order any individual convicted after July 31,
2001, of a felony offense contained in chapter 12.1-16, 12.1-17, or 12.1-18, section
12.1-22-01, or chapter 12.1-27.2 or any individual who is in the custody of the
department after July 31, 2001, as a result of a conviction for one of these offenses to
have a sample of blood or other body fluids taken by the department for DNA law
enforcement identification purposes and inclusion in the law enforcement identification
databases. The court shall order an individual convicted after July 31, 2005, of any
felony offense or an individual arrested for the commission of a felony offense after
July 31, 2009, to have a sample of blood or other body fluids taken by the department
for DNA law enforcement identification purposes and inclusion in the law enforcement
identification databases. DNA samples must be collected immediately, but may be
preserved by the department for subsequent analysis upon receipt of sufficient
funding. Any individual convicted after July 31, 1995, who is not sentenced to a term of
confinement, shall provide a sample of blood or other body fluids as a condition of the
sentence or probation at a time and place specified by the sentencing court.
3. If the individual from whom a DNA sample is collected is convicted of a felony offense,
the sentencing court shall assess the cost of the procedure against the individual
being tested. The department shall collect the cost of the procedure from the individual

being tested and transfer the amount collected to the attorney general for deposit in
the general fund.
4. If the sentencing court has not ordered an individual to provide a sample of blood or
other body fluids under this section, or if an individual required to provide a sample of
blood or other body fluids under this section has refused to submit a sample of blood
or other body fluids, the sentencing court retains jurisdiction to order the individual,
including an individual whose sentence to incarceration or supervised probation has
expired, to submit a sample of blood or other body fluids for DNA law enforcement
identification purposes, or to order the individual to show cause why the individual
should not be required to submit a sample of blood or other body fluids for DNA law
enforcement identification purposes.
5. If a sample of blood or body fluids collected under this section does not contain
sufficient material necessary to obtain accurate DNA identification, the crime laboratory
may request a law enforcement officer or correctional personnel collect another
sample for analysis and inclusion in the law enforcement identification databases.
6. The laboratory shall retain DNA samples in accordance with laboratory DNA sample
retention procedures.
7. For purposes of this section, "conviction" and "convicted" means a plea of guilty or a
finding of guilt by a court or a jury of one of the above-mentioned crimes,
notwithstanding that the court suspended execution of sentence or deferred imposition
of sentence in accordance with subsection 3 or 4 of section 12.1-32-02, or a felony
offense was reduced to a misdemeanor offense in accordance with subsection 9 of
section 12.1-32-02 or section 12.1-32-07.1.