An Act To Require the Collection of DNA from a Person under Certain CircuDJ.stances
Maine Legislature, Session 124, LD 0815
Committee: Criminal Justice and Public Safety
Sponsors: BICKFORD, DAVIS, HAMPER, WAGNER, WEAVER
Amends: 25 MRSA §1572, 25 MRSA §1574, 25 MRSA §1574-A, 25 MRSA §1574-B

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
n 
~'---) 
sT,<.rrE L41fV UBRAR}r 
/'lUSf j0-1~L\ " .,' .', i' ,,,_ . 
. 
. , . - U 
fl, !V!f-lIiV/-:-
124thMAINE LEGISLATU 
. FIRST REGULAR·SESSION-2009 
Legislative Document 
No. 815 
H.P.551 
House of Representatives, March 3, 2009 
An Act To Require the Collection of DNA from a Person under 
Certain CircuDJ.stances 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CE~LI of Brewer. 
'111~ 1J1. 7llifC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BICKFORD of Aubul11, DAVIS of Sangerville, HAMPER of 
Oxford, WAGNER of Lyman, WEAVER of York. 
PrintcLioli n.:cydcJ paper 
Be it enacted by the People of the State Of Maine as follows:, 
Se~. 1. 25 MRSA §1572, sub-§7-B is enacted to re'ad: 
,3 
7-B. Fund. "Fund" means the DNA Fund established in section 1577-A. 
Sec. 2. 25 MRS A §1574, SUlb-§7 is enacted to read: 
7. Exemption. If a DNA sample of a person is already deposited into the state DNA 
' data ballie, that person is exempt from the provisions of this section. 
I 
Sec. 3. 25 MRSA §1574, sub-§8 is enactedto read: 
8. Fee. A person who is subject to subrilltting a DNA sample under this section must 
pay a fee in an amount to be detennined by the Chief of the State Police in addition to 
any fee, fine or restitution ordered by the court. A fee paid under this subsection must be 
paid to the fund. 
Sec. 4. 25 MRSA §1574-A, sub-§3 is enacted to read:, 
3. Exemption. If a DNA sample of a person is already deposited into the state DNA 
data ballie, that person is exempt from the provisions of tIllS section. 
Sec. 5. 25 MRSA §1574-A, sulb-§4 is enacted to read~ 
4. Fee. A person who is subject to submitting a DNA sample under this section must 
pay a fee in an amount to be ,determined by the Chief of the State Police in addition to 
any fee, [me or restitution ordered by the court. A fee paid under this subsection must be 
p'aid to the fund. 
Sec. 6. 25 MRSA §1574-B is enacted to read: 
§1574-B. Collection from missing and unidentified persons 
1. Missing person. The Chief of the State Pblice shall accept a DNA sample of a 
missing person upon a court order or the request of a relative of the missing person or an 
investigating law enforcement agency. A DNA sample under this subsection may be 
taken from known reference material or a relative of a missing person. 
2. Unidentified person;' The Chief of the State Police shall accept a DNAsample of 
an unidentified person or unidentified human remains upon a request from an 
investigating law enforcement agency or the Chief Medical Examiner. 
3. Requited submission. A DNA sample must be submitted upon: 
A. The corripletion of a permission-to-search fonn authorizing the collection of a 
DNA sample; 
. 
, 
B. The receipt of a properly executed search warrant; or 
C. The issuance of a court order. 
) 
) 
) 
n 
( 
J 
'~-----' 
4. DNA search for missing person. Upon the request of a relative of a missing 
person or investigating law enforcement agency under subsection 1, the Chief of State 
Police 'shall search DNA samples in the state DNA database and state DNA data bank for 
purposes of rmding the missing person. A search conducted under this subsection may 
. not search DNA samples consisting of evidentiary samples resulting from criminal 
investigations. 
. 
, 7 
5. Fee. Ifa DNA sample is accepted under subsection 1 or a search is conducted 
under subsection 4 pursuant to the request of a relative of the missing person, the Chief of 
the State Police may require a fee to reasonably cover the costs of the State Police in 
administering subsection 1. A fee collected under this subsection must be paid to the 
fund. 
Sec. 7. 25 l\1RSA §1577, sub-§4, as amended by PL 2003, c. 393, §7, is repealed 
and the following enacted in its place: 
4. Expungement. A person whose DNA record has been stored in the state DNA 
data base may have the record expunged as provided in this subsection. 
. 19 
A.. A person whose DNA record is stored in the state DNA data base pursuant to 
section 1574 or section 1574-A may petition the Superior Court for expungement on. 
the grounds that the conviction or adjudication 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 infOlmation resulting exclusively 
from the reversed conviction or adjudication and ensure that the person's DNA 
sample and records are expunged from CODIS. 
25. 
B. A person whose DNA sample has been stored in the state DNA data base pursuant 
to section 1574-B may request in writing that the DNA sample be expunged. Upon 
receipt of a written request pursuant to this paragraph, the Chief of the State Police 
shall purge from the state DNA data base the DNA record and all identifiable 
information of the DNA sample taken pursuant to section 1574-B and ensure that the 
person's DNA sample and records are expunged from CODIS. 
Sec.S. 25 MRSA§1577-A is enacted to read: 
§1577-A. DNA Fund 
The DNA Fund is established as an interest-bearing account for payment of 
reasonable expenses by the Chief of the State Police in the administration' of this chapter. 
All fees collected pursuant to this chapter must be deposited into the .fund as well as 
income from any other source directed to the fund. All interest earned by the account 
. becomes part of the fund. Ally balance remaining in the fund at the end of the fiscal year 
does not lapse but is carried forward into subsequent fiscal years. After covering 
reasonable expenses for the administration of this chapter, the Chiefof the State Police 
may use proceeds of the fund for loans, grants; purchase of equipment or payment of 
personnel for any law enforcement agency, county jail, Department of Corrections 
. Page 2 - 124LR0842(OlH 
facility, . judicial agency, Office of the Chief Medical Examiner or any other person to 
canY out the purposes of this chapter. 
. .  
) 
Sec. 9. 25 MR§A §1579 is enacted to read: 
§1579. Rules 
The Chief of the State Police may adopt rules to carry out the purposes of this 
chapter. Rules adopted pursuant .to this section are routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill modifies the DNA Data Base and Data Bank Act by providing for DNA 
samples, state DNA data base searches and expungement from the state DNA dafa base 
for missing or unidentified persons or human remains, providing for fees to be paid by 
various persons required to submit DNA samples or requesting DNA searches and 
establishing the DNA Fund to pay for the reasonable expenses· of the Chief of the State 
Police·in administering the DNA Data Base and Data Banle Act. 
) 
)