An Act To Require That Law Enforcement Officials Collect DNA Samples from Persons Arrested for Certain Crimes
Maine Legislature, Session 125, LD 1143
Committee Amendment CA_B_H577 (House)

COMMITTEE AMENDMENT ,B" to H.P. 849, L.D. 1143, Bill, "An Act To 
Require That Law Enforcement Officials Collect DNA Samples from Persons Arrested 
for Certain Crimes" 
Amend the bill by striking out all of section 1 (page 1, lines 2 to 10 in L.D.) 
Amend the bill in section 3 in § 1574 by striking out all of subsection 7 (page 3, lines 
to 39 and page 4, lines 1 to 9 in L.D.) and inserting the following: 
'7. Applicable offenses for persons arrested on or after January 1, 2013. If the 
arrest was made upon an arrest warrant for murder or a Class A. B or C crime or if the 
defendant has appeared before a judge who made a finding that there was probable cause 
for the arrest, a DNA sample may be taken pursuant to this subsection. A person arrested 
on or after January 1, 2013 for an offense listed in this subsection shall submit to having a 
DNA sample taken by a law enforcement agency as part of the booking process. For a 
person who is charged with an offense listed in this subsection by an indictment, 
information or complaint on a Class A, B or C crime on or after January 1, 2013 and who 
is not arrested for the offense on or after January 1, 2013 because the person's arrest 
occurred prior to that date or the person's appearance is procured by summons or other 
means rather than arrest, if the booking process occurs on or after January 1, 2013, the 
law enforcement agency conducting the booking process shall collect the DNA sample 
from the person as part of the booking process. For a person who is charged with an 
offense listed in this subsection by an indictment, information or complaint on a Class A, 
B or C crime on or after January 1, 2013 and who is not arrested for the offense on or 
after January 1, 2013 because the person's arrest occurred prior to that date or the person's 
appearance is procured by summons or other means rather than arrest and is not subject to 
a booking process on or after Janu!!fY 1, 2013, the court shall order the person to submit 
to having a DNA sample collected by the investigating agency of the State responsible for 
fingerprinting. 
If the collection of a DNA sample pursuant to this subsection is 
impractical at the time specified by this subsection. an appropriate agency may collect the 
sample at any other time during the person's detention or during pendency of the charges. 
This subsection applies to the following offenses: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT E>" to H.P. 849, L.D. 1143 
A. Murder or criminal homicide in the first or 2nd degree; 
B. Felony murder; 
C. Manslaughter; 
D. Aggravated assault; 
E. Elevated aggravated assault; 
F. 
Gross sexual assault, including that formerly denominated as gross sexual 
misconduct; 
G. Rape; 
H. Sexual abuse of a minor; 
I. Unlawful sexual contact; 
J. Visual sexual aggression against a child; 
K. Sexual misconduct with a child under 14 years of age; 
L. Kidnapping; 
M. Criminal restraint; 
N. Burglary; 
0: Robbery; 
P. Arson; 
Q. Aggravated criminal mischief; or 
R. Any lesser included offense of any crime identified in paragraphs A to 0 if the 
greater offense is initially charged. "Lesser included offense" has the same meaning 
as in Title 17 -A, section 13-A. 
. 8. 
Analysis and destruction of sample. 
A DNA sample taken pursuant to 
subsection 7 may not be analyzed and must be destroyed unless one of the following 
conditions is met: 
A. The arrest was made upon an arrest warrant for murder or a Class A. B or C 
crime; 
B. The defendant has appeared before a judge who made a finding that there was 
probable cause for the arrest; or 
C. The defendant posted bond or was released prior to appearing before a judge or 
magistrate and then failed to appear for a scheduled hearing.' 
Amend the bill in section 5 by striking out all of subsection 5 (page 4, lines 22 to 33 
in L.D.) and inserting the following: 
'5. Expungement of profiles of persons arrested. A person whose DNA record has 
been stored in the state DNA data base pursuant to section 1574, subsection 7 may 
request the Chief of the State Police for expungement of the person's DNA record from 
the data base on the ground that the underlying charge that led to the arrest justifying the 
inclusion of the DNA record in the data base has been resolved by the law enforcement 
COMMITTEE AMENDMENT 
· 
( 
.~. 
". 
" 
\ 
COMMITTEE AMENDMENT 13" to H.P. 849, L.D. 1143 
agency's not forwarding the charge to the prosecuting attorney, by the prosecuting 
attorney's not filing a charge, by dismissal or by acquittal. The Chief of the State Police 
shall expunge the DNA record of a person under this subsection when the person 
provides a written request for expungement and: 
A. A certified copy of the dismissal or acquittal; or 
B. A sworn affidavit that no charges listed in section 1574, subsection 7 arising from 
the arrest have been filed within one year.' 
Amend the bill by striking out all of sections 6 to 9 and inserting the following: 
'Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
Initiative: Provides funding for one Senior Lab Scientist position, 3 DNA Forensic 
Analyst positions, one Office Associate II position and related costs to collect and process 
DNA samples. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
HIGHWAY FUND 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
5.000 
$117,299 
$48,174 
$165,473 
2012-13 
$112,699 
$46,285 
$158,984 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee. The amendment is the same 
as the majority report, except that it does not automatically allow a DNA sample to be 
taken upon arrest. 
The amendment specifies that a DNA sample may not be taken 
immediately upon arrest unless the arrest was made upon an arrest warrant for murder or 
a Class A, B or C crime or if the defendant has appeared before a judge who made a 
finding that there was probable cause for the arrest. If one of these 2 requirements is met, 
the DNA sample may be taken and the rest of the new provisions apply. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT :B . to H.P. 849, L.D. 1143 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04/11 
;::!;Pac.. 
LD 1143 
LR 1070(03) 
An Act To Require That Law Enforcement Officials Collect DNA Samples from Persons Arrested for 
Certain Crimes 
Fiscal Note for Bill as Amended by Committee Amendment '13" 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/Allocations 
General Fund 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
$0 
$0 
$0 
$0 
FY 2012-13 
$165,473 
$158,984 
$165,473 
$158,984 
Projections 
FY 2013-14 
$330,946 
$317,967 
$330,946 
$317,967 
Projections 
FY 2014-15 
$337,984 
$324,738 
$337,984 
$324,738 
The bill includes a General Fund appropriation of$165,473 and a Highway Fund allocation of $158,984 in fiscal year 
2012-13 to the Department of Public Safety to collect and process DNA samples. 
LR1070(03) - Fiscal Note - Page I of 1