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_C_H738 (House)

COMMITTEE AMENDMENT "t" 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 lOin 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 indicted on or after January 1, 2014. An 
appropriate agency may take a DNA sample of a person who is indicted or who has 
waived indictment for murder or a Class A, B or C crime listed in this subsection on or 
after January 1, 2014. A person who is indicted or has waived indictment shall submit to 
having a DNA sample taken by an appropriate agency for any of the following crimes: 
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 crime 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; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,[. to H.P. 849, L.D. 1143 
M. Criminal restraint; 
N. Robbery; 
O. Arson; 
P. Aggravated criminal mischief; and 
Q. Any lesser included offense of any crime identified in paragraphs A to P if the 
greater offense is initially charged. For purposes of this paragraph, "lesser included 
offense" has the same meaning as described in Title 17 -A, section 13-A.' 
Amend the bill by striking out all of section 5 (page 4, lines 21 to 33 in L.D.) and 
inserting the following: 
'Sec. 5. 25 MRS A §1577, sub-§5 is enacted to read: 
5. Expungement of profiles of persons indicted. A person whose DNA record has 
been stored in the state DNA database pursuant to section 1574, subsection 7 may request 
the Chief of the State Police for expungement of the person's DNA record from the 
database on the ground that the underlying charge that led to the indictment or waiver of 
indictment justifYing the inclusion of the DNA record in the database has been resolved 
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 certified copy of the dismissal or acquittal.' 
Amend the bill by striking out all of sections 6 to 9. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The bill requires a person to submit to having a DNA sample taken if the person is 
arrested on or after January 1, 2012 for certain offenses. This amendment replaces that 
provision and requires a person to submit to having a DNA sample taken by an 
appropriate agency if that person has been indicted or has waived indictment on or after 
January 1, 2014 for murder or criminal homicide in the first or 2nd degree; felony 
murder; manslaughter; aggravated assault; elevated aggravated assault; gross sexual 
assault, including that crime formerly denominated as gross sexual misconduct; rape; 
sexual abuse of a minor; unlawful sexual contact; visual sexual aggression against a 
child; sexual misconduct with a child under 14 years of age; kidnapping; criminal 
restraint; robbery; arson; aggravated criminal mischief; or any lesser included offense of 
any of these crimes if the greater offense is initially charged. The amendment strikes the 
establishment of the State DNA Data Base Fund and also strikes the provision that 
imposes a surcharge to support that fund. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/13112 
~ac. 
LD 1143 
LR 1070(05) 
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 "c.:., C f-l-732) 
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 
$0 
$0 
$0 
$0 
Projections 
FY 2013-14 
$185,898 
$178,607 
$185,898 
$178,607 
Projections 
FY 2014-15 
$231,871 
$222,777 
$231,871 
$222,777 
This legislation requires persons indicted for certain crimes on or after January 1,2014 to submit to having a DNA 
sample taken. The Department of Public Safety would require a General Fund appropriation of$185,898 in fiscal 
year 20l3-14 and $231,871 in fiscal year 2014-15 for one Senior Lab Scientist, one DNA Forensic Analyst, one 
Forensic Chemist Technician, testing kits, supplies and outsourcing contracts. The Department would also require a 
Highway Fund allocation of $178,607 in fiscal year 2013-14 and $222,777 in fiscal year 2014-15. The three positions 
would need to be filled 6 months prior to the effective date of the legislation to allow for training. 
LR1070(05) - Fiscal Note - Page 1 of 1