An Act To Make Maine Safer by Collecting DNA from Those Convicted of Felonies
Maine Legislature, Session 123, LD 0418
Committee: Criminal Justice and Public Safety
Sponsors: MARLEY, CLARK, MILLETT, NUTTING
Amends: 25 MRSA §1574

Legislative Document 
No. 418 
H.P.334 
House of Representatives, January 29, 2007 
An Act To Make Maine Safer by Collecting DNA from Those 
Convicted of Felonies 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative MARLEY of Portland. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CLARK of Millinocket, MILLETT of Waterford, Senator 
NUTTING of Androscoggin. 
Printtd on recyded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRSA §1574, sub-§l, as amended by PL 2003, c. 393, §3, is further 
amended to read: 
1. Conviction and submission to DNA sampling. A person convicted, OR or after 
JaRNIlI)' 1, 1996 aRa aefefe Oetoaer 1, 2QQ 1 , of a crime listed in sNaseetioR 4 or a ~ersoR 
eOfwietea OR Of after Oetoaef 1, 2QQ 1, of a efifHe listea iR subsection 5 shall submit to 
having a DNA sample taken and at the time of sentencing the court shall enter an order 
directing that the DNA sample be taken. If the convicted person's sentence includes a 
straight term of imprisonment or a split term of imprisonment, the DNA sample may be 
taken 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 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 flHlY shall attach 
the duty to submit to having a DNA sample taken as a condition of probation. 
Sec. 2. 25 MRSA §1574, sub-§2, as amended by PL 2003, c. 393, §3, is further 
amended to read: 
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; .2. must have 
a DNA sample taken before release from the corrections system. 
Sec. 3. 25 MRSA §1574, sub-§4, as corrected by RR 2003, c. 1, §23, is repealed. 
Sec. 4. 25 MRSA §1574, sub-§5, as corrected by RR 2003, c. 1, §23, is amended 
to read: 
5. Applicable offenses. This section applies to a person convicted OR or after 
Oetoaer 1, 2QQ 1 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 I3-A. 
I 
Sec. 5. 
Report. The Chief of the Maine State Police shall determine the most 
appropriate method for ensuring that all those persons who have been convicted of a 
crime listed in the Maine Revised Statutes, Title 25, section 1574, subsection 5 and who 
still reside in this State submit a biological sample for DNA analysis as required by Title 
25, section 1574, subsection 1. 
The chief shall report back to the Joint Standing 
Committee on Criminal Justice and Public Safety with any necessary implementing 
legislation no later than December 1, 2007. The Joint Standing Committee on Criminal 
Justice and Public Safety shall submit a bill, which may include the recommendations of 
the Chief of the State Police, to the Second Regular Session of the 123rd Legislature by 
February 15,2008 that implements the intent of this Act. 
Sec. 6. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 25, section 1574 take effect July 1,2008. 
SUMMARY 
Current law requires persons convicted of certain crimes after January 1, 1996 to 
submit a biological sample for DNA testing and inclusion in Maine's DNA databank 
maintained by the Chief of the State Police or in the Federal Bureau of Investigation's 
national DNA identification index system, which allows for storage and exchange of 
DNA records submitted by state and local forensic DNA laboratories and is derived from 
the Combined DNA Index System. 
This bill requires all persons who have been convicted of murder, a Class A, B or C 
crime, commonly known as felonies, or specified other crimes to submit a sample for 
DNA testing and storage. The requirement is delayed until July 1, 2008 to allow the 
Chief of the State Police to develop a plan to obtain and store the DNA of all those 
persons who are subject to this requirement. The chief is required to submit that plan to 
the Joint Standing Committee on Criminal Justice and Public Safety, which is required to 
submit a bill to the Second Regular Session of the 123rd Legislature implementing the 
plan.