An Act To Protect Public Safety Using DNA Data of Juvenile Violent Offenders LR 0265(02)
Maine Legislature, Session 121, LD 0380
Committee Amendment CA_A_H313 (House)
Amends: 25 MRSA §1572, 25 MRSA §1574, 25 MRSA §1575, 25 MRSA §1576, 25 MRSA §1577

COMMITTEE AMENDMENT "/).,, to H.P. 300, L.D. 380, Bill, "An 
Act To Protect Public Safety Using DNA Data of Juvenile Violent 
Offenders" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 25 MRSA §1572, sub-§6, as enacted by PL 1995, c. 457, 
§l, is amended to read: 
6. 
DNA 
samPle. 
"DNA 
sample" 
means 
a 
aleea biological 
sample provided by a person convicted or a juvenile adjudicated 
of one of the offenses listed in this chapter or submitted to the 
crime lab for analysis pursuant to a criminal investigation. 
Sec. 2. 25 MRSA §1572, sub-§7-A is enacted to read: 
7-A. 
Juvenile. 
"Juvenile" means any person who has not 
attained 18 years of age. 
Sec. 3. 25 MRSA §1574, as amended by PL 2001, c. 325, §§l to 
5, is further amended to read: 
§1574. Biological sample required for DNA analysis upon 
conviction or adjudication 
Page l-LR0265(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fI .. to H.P. 300, L.D. 380 
1. 
Conviction subsequent to effective date. 
A person 
convicted, on or after January 1, 1996 and before October 1, 
2001, of a crime listed in subsection 4 or a person convicted on 
or after October 1, 2001, of a crime listed in subsection 5 shall 
submi t 
to having a 
DNA sample 
e~awR ~ 
and at the time of 
sentencing the court shall enter an order directing that the DNA 
sample 
be 
e~awR~. 
If the 
convicted person's 
sentence 
includes a straight term of imprisonment or a split term of 
imprisonment, 
the DNA 
sample may be e!'aWR ~ 
at any time 
following 
the 
commencement 
of 
the straight 
term 
or initial 
unsuspended 
portion 
of 
the 
term 
of 
imprisonment. 
If 
the 
convicted person's sentence includes a period of probation but no 
immediate imprisonment, the DNA sample may be e~awR taken at any 
time following commencement of the probation period as directed 
by the probation officer. 
If the convicted person's sentence 
includes a period of probation, the court may attach the duty to 
submit to having a 
DNA 
sample 
e~awR ~ 
as a condition of 
probation. 
2. 
Conviction prior to effective date. 
A person convicted 
and incarcerated prior to January 1, 1996, as a result of a 
conviction for a crime listed in subsection 4 ,must have a DNA 
sample e~awR ~ 
before release from the corrections system. 
3-A. 
Juyeniles. 
A juvenile adjudicated on or after October 
1, 2003 of a juvenile crime that. if committed by an adult, would 
constitute an offense listed in subsection 6 is subject to the 
requirements of this section. 
4. 
Applicable offenses for persons convicted after January 
1, 1996 and before October 1, 2001. 
This seedeR subsection 
applies to a person convicted after January 1, 1996 and before 
October 1, 2001 of one or more of the following offenses or an 
attempt of one or more of the following offenses: 
A. 
Murder or criminal homicide in the first or 2nd degree; 
B. 
Felony murder; 
C. 
Manslaughter; 
D. 
Aggravated assault; 
D-1. 
Elevated aggravated assault; 
E. 
Gross 
sexual 
assault, 
including 
that 
formerly 
denominated as gross sexual misconduct; 
E-l. 
Rape; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Ii" to H.P. 300, L.D. 380 
F. 
Sexual abuse of a minor; 
G. 
Unlawful sexual contact; 
G-l. 
Visual sexual aggression against a child; 
G-2. 
Sexual misconduct with a child under 14 years of age; 
H. 
Kidnapping; 
I. 
Criminal restraint; 
J. 
Burglary; 
K. 
Robbery; 
L. 
Arson; 
M. 
Aggravated criminal mischief; or 
N. 
Any lesser included offense of any crime identified in 
paragraphs 
A to 
M if the greater offense is initially 
charged. 
"Lesser included offense" has the same meaning as 
in Title 17-A, section 13-A. 
5. 
Applicable offenses for persons convicted on or after 
October 1, 2001. 
This see1:i:eR subsection applies to a person 
convicted on or after October I, 2001 of one or more of the 
following offenses or an attempt of one or more of the following 
offenses: 
A. 
Murder; 
B. 
A Class A, B or C crime; 
C. 
Sexual abuse of a minor; 
D. 
Unlawful sexual contact; 
E. 
Visual sexual aggression against a child; 
F. 
Sexual contact with a 'child under 14 years of age; 
G. 
Solicitation of 
a 
child by 
a 
computer to 
commit 
a 
prohibited act; or 
H. 
Any lesser included offense of any crime identified in 
paragraphs 
A to 
G if the greater offense is initially 
charged. 
"Lesser included offense" has the same meaning as 
in Title 17-A, section 13-A. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 300, L.D. 380 
6. 
Applicable offenses for juveniles adjudicated on or 
after October 1. 2003. 
This subsection applies to a juvenile 
adjudicated on or after October 1, 2003 of committing a juvenile 
crime that, if committed by an adult, would constitute one or 
more of the following offenses or an attempt of one or more of 
the following offenses: 
A. 
Murder; 
B. 
Felony murder; 
C. 
Manslaughter; 
D. 
Aggravated assault; 
E. 
Elevated aggravated assault; 
F. 
Gross sexual assault; 
G. 
Unlawful sexual contact; 
H. 
Kidnapping; 
I. 
Criminal restraint; 
J. 
Burglary; 
K. 
Robbery; 
L. 
Arson; 
M. 
Aggravated criminal mischief; or 
N. 
Causing a catastrophe. 
Sec. 4. 25 MRSA §1575, as amended by PL 1997, c. 608, §4, is 
further amended to read: 
§1575. Procedure for collection of biological sample 
for DBA analysis 
1. 
Collection equipment. 
The 
crime 
lab shall provide 
collection equipment or a kit for the collection of a Blees 
biological sample required by section 1574 to persons authorized 
to sFaw-Blees collect samples. 
2. 
Person to draw blood sample. 
Only a 
duly licensed 
physician, 
physician 
assistant, 
registered 
nurse, 
licensed 
practical nurse, person certified by the Department of Human 
Services or person whose occupational license or training allows 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. It to H.P. 300, L.D. 380 
that person to draw blood samples may draw a blood sample for DNA 
6amp~e analysis. 
2-A. 
Person 
to 
collect biological 
sample. 
A 
person 
descr ibed in subsection 2, 
a corrections officer, 
a probation 
officer or a juvenile community corrections officer may collect a 
biological sample that is not a blood sample. 
3. 
Liability. 
A person authorized under this section to 
draw blood or collect other biological samples is not liable for 
damages or liable for the act of drawing -a- blood or collecting 
another biological 
sample 
for 
DNA 
analysis 
when that person 
exercises due care in drawing blood or collecting the 
B~eea 
biological sample. 
4. 
Crime 
lab. 
All 
B~eea biological 
samples 
collected 
pursuant to this Act must be forwarded to the crime lab for DNA 
analysis. 
Sec. 5. 25 MRSA §1576, as enacted by PL 1995, c. 457, §l, is 
amended to read: 
§1576. Procedure for collection; conducting DBA analysis 
The Chief of the State Police may adopt rules governing the 
procedures 
to 
be 
used 
in 
the 
collection, 
submission, 
identification, 
analysis 
and storage of 
DNA 
samples 
and the 
results of the typing of 
B~eea biological samples 
submitted 
pursuant to this Act. 
The 9NA biological sample must be securely 
stored in the state DNA data bank. 
The results of the typing of 
the B±eea biological samples must be securely stored in the state 
DNA data base. 
Sec. 6. 25 MRSA §1577, sub-§2, ,D, as enacted by PL 1995, c. 
457, §l, is amended to read: 
D. 
A person who has been identified and charged with a 
criminal offense or a juvenile crime as a result of a search 
of DNA records stored in the state DNA data base. 
A person 
who has been identified and charged with a criminal offense 
or a juvenile crime has access only to that person's records 
and any other records that person is entitled to under the 
Maine Rules of Evidence. 
Sec. 7. 25 MRSA §1577, sub-§4, as enacted by PL 1995, c. 457, 
§l, is amended to read: 
4. 
Expungement. 
A person whose DNA record has been stored 
in the state DNA data base may petition the Superior Court for 
expungement on the ground that the conviction or adjudication 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "If" to H.P. 300, L.D. 380 
justifying the inclusion of the DNA record in the state DNA data 
base 
has 
been 
reversed 
or 
dismissed. 
Upon 
receipt 
of 
an 
expungement order and a certified copy of the order reversing and 
dismissing the conviction or adjudication, the Chief of the State 
Police shall purge from the state DNA data base the DNA record 
and all identifiable information resulting exclusively from the 
reversed conviction or adjudication.' 
SUMMARY 
This amendment replaces the bill and is the majority report 
of the Joint Standing Committee on Criminal Justice and Public 
Safety. 
The 
amendment 
narrows 
the 
scope 
of 
the 
bill 
by 
subjecting 
a 
juvenile 
to 
DNA 
testing if 
the 
juvenile 
is 
adjudicated of committing a 
specific juvenile crime that, if 
committed by an adult, would constitute an offense listed in the 
Maine Revised Statutes, Title 25, section 1574, subsection 6. 
This change would subject juveniles to DNA testing for only the 
most violent crimes, the list of which is more limited than the 
list of crimes for which adults must submit to DNA testing. 
This amendment also allows for the collection of biological 
samples, 
instead of only blood draws, 
for 
DNA 
testing. 
The 
process for collection of biological samples other than blood 
draws is less complicated, 
less expensive and less invasive. 
This change would apply to both juvenile and adult offenders 
subject to DNA testing requirements. 
FISCAL :\OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/29/03 ;:'b/ac:.. 
Office of Fiscal and Program Review 
LD380 
An Act To Protect Public Safety Using DNA Data of Juvenile Violent 
Offenders 
LR 0265(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0265(2) - Fiscal Note - Page 1 of 1