Bill Text: MN SF598 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Biological specimens collection for DNA analysis at time of booking requirement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-07 - Referred to Judiciary and Public Safety [SF598 Detail]
Download: Minnesota-2011-SF598-Introduced.html
1.2relating to public safety; providing for the collection of biological specimens for
1.3DNA analysis at booking in a manner similar to fingerprint collection; amending
1.4Minnesota Statutes 2010, sections 299C.10, subdivisions 1, 2; 299C.11,
1.5subdivisions 1, 2; 609A.03, subdivision 7; repealing Minnesota Statutes 2010,
1.6section 299C.105.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. LEGISLATIVE FINDINGS.
1.9The legislature finds the following. The state has a legitimate and compelling interest
1.10in knowing the identity of arrested persons and in accurately determining whether these
1.11persons are the perpetrators of a crime. Arrested persons do not have a protected interest
1.12in concealing their identity. DNA sampling is the most accurate means of identification
1.13available and is only minimally intrusive to the subject of the sample. DNA sampling is
1.14not significantly different from the taking of fingerprints and photographs, both of which
1.15have been a routine part of the booking process for a significant amount of time.
1.16 Sec. 2. Minnesota Statutes 2010, section 299C.10, subdivision 1, is amended to read:
1.17 Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
1.18community corrections agencies operating secure juvenile detention facilities shall take
1.19or cause to be taken immediately finger and thumb prints, photographs, biological
1.20specimens for the purpose of DNA analysis as defined in section 299C.155, distinctive
1.21physical mark identification data, information on any known aliases or street names, and
1.22other identification data requested or required by the superintendent of the bureau, of
1.23the following:
2.1(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
2.2gross misdemeanor, or targeted misdemeanor;
2.3(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
2.4for, or alleged to have committed felonies or gross misdemeanors as distinguished from
2.5those committed by adult offenders;
2.6(3) adults and juveniles admitted to jails or detention facilities;
2.7(4) persons reasonably believed by the arresting officer to be fugitives from justice;
2.8(5) persons in whose possession, when arrested, are found concealed firearms or
2.9other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
2.10machines, or appliances usable for an unlawful purpose and reasonably believed by the
2.11arresting officer to be intended for such purposes;
2.12(6) juveniles referred by a law enforcement agency to a diversion program for a
2.13felony or gross misdemeanor offense; and
2.14(7) persons currently involved in the criminal justice process, on probation, on
2.15parole, or in custody for the offenses in suspense whom the superintendent of the bureau
2.16identifies as being the subject of a court disposition record which cannot be linked to an
2.17arrest record, and whose fingerprints are necessary in order to maintain and ensure the
2.18accuracy of the bureau's criminal history files, to reduce the number of suspense files, or to
2.19comply with the mandates of section299C.111 , relating to the reduction of the number
2.20of suspense files. This duty to obtain fingerprints for the offenses in suspense at the
2.21request of the bureau shall include the requirement that fingerprints be taken in post-arrest
2.22interviews, while making court appearances, while in custody, or while on any form of
2.23probation, diversion, or supervised release.
2.24(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
2.25the fingerprint records and other identification data specified under paragraph (a) must
2.26be forwarded to the bureau on such forms and in such manner as may be prescribed by
2.27the superintendent.
2.28(c) Prosecutors, courts, and probation officers and their agents, employees, and
2.29subordinates shall attempt to ensure that the required identification data is taken on a
2.30person described in paragraph (a). Law enforcement may take fingerprints and biological
2.31specimens of an individual who is presently on probation.
2.32(d) Finger and thumb prints and biological specimens must be obtained no later than:
2.33(1) release from booking; or
2.34(2) if not booked prior to acceptance of a plea of guilty or not guilty.
2.35Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
2.36prints and biological specimen must be submitted to the Bureau of Criminal Apprehension
3.1for the offense. If finger and thumb prints and a biological specimen have not been
3.2successfully received by the bureau, an individual may, upon order of the court, be taken
3.3into custody for no more than eight hours so that the taking of prints and a specimen can
3.4be completed. Upon notice and motion of the prosecuting attorney, this time period may
3.5be extended upon a showing that additional time in custody is essential for the successful
3.6taking of prints and a specimen.
3.7(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
3.8of section169A.20 (driving while impaired),
518B.01 (order for protection violation),
3.9609.224
(fifth-degree assault),
609.2242 (domestic assault),
609.746 (interference with
3.10privacy),609.748 (harassment or restraining order violation), or
617.23 (indecent
3.11exposure).
3.12(f) The collection of biological specimens under this subdivision must be conducted
3.13using the least intrusive means possible. If feasible, the person from whom the specimen
3.14is to be collected shall be given the option of collecting the sample on the person's own
3.15behalf.
3.16EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.17committed on or after that date.
3.18 Sec. 3. Minnesota Statutes 2010, section 299C.10, subdivision 2, is amended to read:
3.19 Subd. 2. Law enforcement education. (a) The sheriffs and police officers who
3.20take finger and thumb prints must obtain training in the proper methods of taking and
3.21transmitting fingerprints under this section consistent with bureau requirements.
3.22(b) The persons who collect the biological specimens required under subdivision 1
3.23must be trained to bureau-established standards in the proper method of collecting and
3.24transmitting biological specimens.
3.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.26committed on or after that date.
3.27 Sec. 4. Minnesota Statutes 2010, section 299C.11, subdivision 1, is amended to read:
3.28 Subdivision 1. Identification dataother than DNA. (a) Each sheriff and chief of
3.29police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
3.30such finger and thumb prints, biological specimens, photographs, distinctive physical
3.31mark identification data, information on known aliases and street names, and other
3.32identification data as may be requested or required by the superintendent of the bureau,
3.33which must be taken under the provisions of section299C.10 . In addition, sheriffs and
4.1chiefs of police shall furnish this identification data to the bureau for individuals found to
4.2have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the
4.3ten years immediately preceding their arrest. When the bureau learns that an individual
4.4who is the subject of a background check has used, or is using, identifying information,
4.5including, but not limited to, name and date of birth, other than those listed on the criminal
4.6history, the bureau may add the new identifying information to the criminal history when
4.7supported by fingerprints.
4.8(b) No petition under chapter 609A is required if the person has not been convicted
4.9of any felony or gross misdemeanor, either within or without the state, within the period
4.10of ten years immediately preceding the determination of all pending criminal actions or
4.11proceedings in favor of the arrested person, and either of the following occurred:
4.12(1) all charges were dismissed prior to a determination of probable cause; or
4.13(2) the prosecuting authority declined to file any charges and a grand jury did not
4.14return an indictment.
4.15Where these conditions are met, the bureau or agency shall, upon demand, return to the
4.16arrested person finger and thumb prints, biological specimens, photographs, distinctive
4.17physical mark identification data, information on known aliases and street names, and
4.18other identification data, and all copies and duplicates of them. If the bureau returns
4.19a biological specimen under this paragraph, the bureau shall also remove the person's
4.20information from the bureau's combined DNA index system and return all related records
4.21and all copies or duplicates of them.
4.22(c) Except as otherwise provided in paragraph (b), upon the determination of all
4.23pending criminal actions or proceedings in favor of the arrested person, and the granting
4.24of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
4.25thumb prints, biological specimens, photographs, distinctive physical mark identification
4.26data, information on known aliases and street names, and other identification data, and
4.27all copies and duplicates of them if the arrested person has not been convicted of any
4.28felony or gross misdemeanor, either within or without the state, within the period of
4.29ten years immediately preceding such determination. If the bureau seals a biological
4.30specimen under this paragraph, the bureau shall also seal the person's information from
4.31the bureau's combined DNA index system and seal all related records and all copies or
4.32duplicates of them.
4.33EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.34committed on or after that date.
5.1 Sec. 5. Minnesota Statutes 2010, section 299C.11, subdivision 2, is amended to read:
5.2 Subd. 2. DNA samples; law enforcement duties. (a) Each sheriff and chief of
5.3police shall furnish the bureau, in such form as the superintendent shall prescribe, with the
5.4biological specimens required to be taken under section
299C.105.
5.5(b) DNA samples and DNA records of the arrested person obtained through
5.6authority other than section299C.105
5.7sealed, or destroyed as to a charge supported by probable cause.
5.8EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
5.9committed on or after that date.
5.10 Sec. 6. Minnesota Statutes 2010, section 609A.03, subdivision 7, is amended to read:
5.11 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
5.12to a charge supported by probable cause, the DNA samples and DNA records held by
5.13the Bureau of Criminal Apprehension and collected under authority other than section
5.14299C.105
299C.10, subdivision 1, shall not be sealed, returned to the subject of the record,
5.15or destroyed.
5.16(b) Notwithstanding the issuance of an expungement order:
5.17(1) an expunged record may be opened for purposes of a criminal investigation,
5.18prosecution, or sentencing, upon an ex parte court order;
5.19(2) an expunged record of a conviction may be opened for purposes of evaluating a
5.20prospective employee in a criminal justice agency without a court order; and
5.21(3) an expunged record of a conviction may be opened for purposes of a background
5.22study under section245C.08 unless the court order for expungement is directed
5.23specifically to the commissioner of human services.
5.24Upon request by law enforcement, prosecution, or corrections authorities, an agency
5.25or jurisdiction subject to an expungement order shall inform the requester of the existence
5.26of a sealed record and of the right to obtain access to it as provided by this paragraph. For
5.27purposes of this section, a "criminal justice agency" means courts or a government agency
5.28that performs the administration of criminal justice under statutory authority.
5.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
5.30committed on or after that date.
5.31 Sec. 7. REVISOR'S INSTRUCTION.
6.1The revisor of statutes shall strike references to Minnesota Statutes, section
6.2299C.105, wherever they appear in Minnesota Statutes. The revisor shall also make
6.3grammatical changes made necessary by the stricken references.
6.4 Sec. 8. REPEALER.
6.5Minnesota Statutes 2010, section 299C.105, is repealed.
6.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
6.7committed on or after that date.
1.3DNA analysis at booking in a manner similar to fingerprint collection; amending
1.4Minnesota Statutes 2010, sections 299C.10, subdivisions 1, 2; 299C.11,
1.5subdivisions 1, 2; 609A.03, subdivision 7; repealing Minnesota Statutes 2010,
1.6section 299C.105.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. LEGISLATIVE FINDINGS.
1.9The legislature finds the following. The state has a legitimate and compelling interest
1.10in knowing the identity of arrested persons and in accurately determining whether these
1.11persons are the perpetrators of a crime. Arrested persons do not have a protected interest
1.12in concealing their identity. DNA sampling is the most accurate means of identification
1.13available and is only minimally intrusive to the subject of the sample. DNA sampling is
1.14not significantly different from the taking of fingerprints and photographs, both of which
1.15have been a routine part of the booking process for a significant amount of time.
1.16 Sec. 2. Minnesota Statutes 2010, section 299C.10, subdivision 1, is amended to read:
1.17 Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
1.18community corrections agencies operating secure juvenile detention facilities shall take
1.19or cause to be taken immediately finger and thumb prints, photographs, biological
1.20specimens for the purpose of DNA analysis as defined in section 299C.155, distinctive
1.21physical mark identification data, information on any known aliases or street names, and
1.22other identification data requested or required by the superintendent of the bureau, of
1.23the following:
2.1(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
2.2gross misdemeanor, or targeted misdemeanor;
2.3(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
2.4for, or alleged to have committed felonies or gross misdemeanors as distinguished from
2.5those committed by adult offenders;
2.6(3) adults and juveniles admitted to jails or detention facilities;
2.7(4) persons reasonably believed by the arresting officer to be fugitives from justice;
2.8(5) persons in whose possession, when arrested, are found concealed firearms or
2.9other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
2.10machines, or appliances usable for an unlawful purpose and reasonably believed by the
2.11arresting officer to be intended for such purposes;
2.12(6) juveniles referred by a law enforcement agency to a diversion program for a
2.13felony or gross misdemeanor offense; and
2.14(7) persons currently involved in the criminal justice process, on probation, on
2.15parole, or in custody for the offenses in suspense whom the superintendent of the bureau
2.16identifies as being the subject of a court disposition record which cannot be linked to an
2.17arrest record, and whose fingerprints are necessary in order to maintain and ensure the
2.18accuracy of the bureau's criminal history files, to reduce the number of suspense files, or to
2.19comply with the mandates of section
2.20of suspense files. This duty to obtain fingerprints for the offenses in suspense at the
2.21request of the bureau shall include the requirement that fingerprints be taken in post-arrest
2.22interviews, while making court appearances, while in custody, or while on any form of
2.23probation, diversion, or supervised release.
2.24(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
2.25the fingerprint records and other identification data specified under paragraph (a) must
2.26be forwarded to the bureau on such forms and in such manner as may be prescribed by
2.27the superintendent.
2.28(c) Prosecutors, courts, and probation officers and their agents, employees, and
2.29subordinates shall attempt to ensure that the required identification data is taken on a
2.30person described in paragraph (a). Law enforcement may take fingerprints and biological
2.31specimens of an individual who is presently on probation.
2.32(d) Finger and thumb prints and biological specimens must be obtained no later than:
2.33(1) release from booking; or
2.34(2) if not booked prior to acceptance of a plea of guilty or not guilty.
2.35Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
2.36prints and biological specimen must be submitted to the Bureau of Criminal Apprehension
3.1for the offense. If finger and thumb prints and a biological specimen have not been
3.2successfully received by the bureau, an individual may, upon order of the court, be taken
3.3into custody for no more than eight hours so that the taking of prints and a specimen can
3.4be completed. Upon notice and motion of the prosecuting attorney, this time period may
3.5be extended upon a showing that additional time in custody is essential for the successful
3.6taking of prints and a specimen.
3.7(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
3.8of section
3.10privacy),
3.11exposure).
3.12(f) The collection of biological specimens under this subdivision must be conducted
3.13using the least intrusive means possible. If feasible, the person from whom the specimen
3.14is to be collected shall be given the option of collecting the sample on the person's own
3.15behalf.
3.16EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.17committed on or after that date.
3.18 Sec. 3. Minnesota Statutes 2010, section 299C.10, subdivision 2, is amended to read:
3.19 Subd. 2. Law enforcement education. (a) The sheriffs and police officers who
3.20take finger and thumb prints must obtain training in the proper methods of taking and
3.21transmitting fingerprints under this section consistent with bureau requirements.
3.22(b) The persons who collect the biological specimens required under subdivision 1
3.23must be trained to bureau-established standards in the proper method of collecting and
3.24transmitting biological specimens.
3.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.26committed on or after that date.
3.27 Sec. 4. Minnesota Statutes 2010, section 299C.11, subdivision 1, is amended to read:
3.28 Subdivision 1. Identification data
3.29police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
3.30such finger and thumb prints, biological specimens, photographs, distinctive physical
3.31mark identification data, information on known aliases and street names, and other
3.32identification data as may be requested or required by the superintendent of the bureau,
3.33which must be taken under the provisions of section
4.1chiefs of police shall furnish this identification data to the bureau for individuals found to
4.2have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the
4.3ten years immediately preceding their arrest. When the bureau learns that an individual
4.4who is the subject of a background check has used, or is using, identifying information,
4.5including, but not limited to, name and date of birth, other than those listed on the criminal
4.6history, the bureau may add the new identifying information to the criminal history when
4.7supported by fingerprints.
4.8(b) No petition under chapter 609A is required if the person has not been convicted
4.9of any felony or gross misdemeanor, either within or without the state, within the period
4.10of ten years immediately preceding the determination of all pending criminal actions or
4.11proceedings in favor of the arrested person, and either of the following occurred:
4.12(1) all charges were dismissed prior to a determination of probable cause; or
4.13(2) the prosecuting authority declined to file any charges and a grand jury did not
4.14return an indictment.
4.15Where these conditions are met, the bureau or agency shall, upon demand, return to the
4.16arrested person finger and thumb prints, biological specimens, photographs, distinctive
4.17physical mark identification data, information on known aliases and street names, and
4.18other identification data, and all copies and duplicates of them. If the bureau returns
4.19a biological specimen under this paragraph, the bureau shall also remove the person's
4.20information from the bureau's combined DNA index system and return all related records
4.21and all copies or duplicates of them.
4.22(c) Except as otherwise provided in paragraph (b), upon the determination of all
4.23pending criminal actions or proceedings in favor of the arrested person, and the granting
4.24of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
4.25thumb prints, biological specimens, photographs, distinctive physical mark identification
4.26data, information on known aliases and street names, and other identification data, and
4.27all copies and duplicates of them if the arrested person has not been convicted of any
4.28felony or gross misdemeanor, either within or without the state, within the period of
4.29ten years immediately preceding such determination. If the bureau seals a biological
4.30specimen under this paragraph, the bureau shall also seal the person's information from
4.31the bureau's combined DNA index system and seal all related records and all copies or
4.32duplicates of them.
4.33EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.34committed on or after that date.
5.1 Sec. 5. Minnesota Statutes 2010, section 299C.11, subdivision 2, is amended to read:
5.2 Subd. 2. DNA samples
5.3
5.4
5.5
5.6authority other than section
5.7sealed, or destroyed as to a charge supported by probable cause.
5.8EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
5.9committed on or after that date.
5.10 Sec. 6. Minnesota Statutes 2010, section 609A.03, subdivision 7, is amended to read:
5.11 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
5.12to a charge supported by probable cause, the DNA samples and DNA records held by
5.13the Bureau of Criminal Apprehension and collected under authority other than section
5.15or destroyed.
5.16(b) Notwithstanding the issuance of an expungement order:
5.17(1) an expunged record may be opened for purposes of a criminal investigation,
5.18prosecution, or sentencing, upon an ex parte court order;
5.19(2) an expunged record of a conviction may be opened for purposes of evaluating a
5.20prospective employee in a criminal justice agency without a court order; and
5.21(3) an expunged record of a conviction may be opened for purposes of a background
5.22study under section
5.23specifically to the commissioner of human services.
5.24Upon request by law enforcement, prosecution, or corrections authorities, an agency
5.25or jurisdiction subject to an expungement order shall inform the requester of the existence
5.26of a sealed record and of the right to obtain access to it as provided by this paragraph. For
5.27purposes of this section, a "criminal justice agency" means courts or a government agency
5.28that performs the administration of criminal justice under statutory authority.
5.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
5.30committed on or after that date.
5.31 Sec. 7. REVISOR'S INSTRUCTION.
6.1The revisor of statutes shall strike references to Minnesota Statutes, section
6.2299C.105, wherever they appear in Minnesota Statutes. The revisor shall also make
6.3grammatical changes made necessary by the stricken references.
6.4 Sec. 8. REPEALER.
6.5Minnesota Statutes 2010, section 299C.105, is repealed.
6.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
6.7committed on or after that date.
