PART III.

361 words·~2 min read·/hi/part-iii-44

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

PART III. OFFENDERS SUBJECT TO COLLECTION OF SPECIMENS OR SAMPLES, OR PRINT IMPRESSIONS

§844D-31 Offenders subject to collection.

(a)Any person, except for any juvenile, who is convicted of, or pleads guilty or no contest to, any felony offense, even if the plea is deferred, or is found not guilty by reason of insanity of any felony offense, shall provide buccal swab samples and print impressions of each hand, and, if required by the collecting agency's rules or internal regulations, blood specimens, required for law enforcement identification analysis.

(b)Testing pursuant to this section shall begin immediately for all persons who have been convicted of murder in any degree or any felony offense defined in chapter 846E and all persons convicted of any felony offense who are confined in a correctional facility or other detention facility, including private correctional facilities, but shall not begin for other persons until thirty days after statewide publication of notice by the attorney general pursuant to section 1-28.5.

(c)The attorney general's notice, pursuant to subsection (b), may be provided in stages, beginning with notice of the beginning of testing of all persons not already mandated to be tested by subsection

(b)who have been convicted of a class A felony, then notice of the beginning of testing of all persons not already mandated to be tested by subsection

(b)who have been convicted of a class B felony, and finally notice of the beginning of testing of all persons not already mandated to be tested by subsection

(b)who have been convicted of a class C felony.

(d)Nothing in this section shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non-qualifying offense. [L 2005, c 112, pt of §1; am L 2006, c 144, §1]

Case Notes

Defendant was no longer required to provide a buccal swab sample after he had been discharged from probation for his felony offense where the State did not seek to obtain a sample until after his probation for the felony offense had been discharged by the court. 139 H. 9 (App.), 383 P.3d 112 (2016).