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_A_H576 (House)

COMMITTEE AMENDMENT "A" 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 arrested on or after January 1, 2013. A 
person arrested on or after January L 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 January 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: 
A. Murder or criminal homicide in the first or 2nd degree; 
B. Felony murder; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 849, L.D. 1143 
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; 
r. 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; 
O. Robberv; 
P. Arson; 
Q. Aggravated criminal mischief; or 
R. Any lesser included offense of any crime identified in paragraphs A to Q 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 
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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 849, L.D. 1143 
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 majority report of the committee. The amendment requires a 
person who has been arrested, charged or indicted on or after January 1,2013 for murder 
or criminal homicide in the first or 2nd degree; felony murder; manslaughter; aggravated 
assault; elevated aggravated assault; gross sexual assault, including that 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; burglary; robbery; arson; aggravated criminal 
mischief; or any lesser included offense of any of these crimes if the greater offense is 
initially charged to submit to having a DNA sample taken by a law enforcement agency 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A .. to H.P. 849, L.D. 1143 
as part of the booking process. "Lesser included offense" has the same meaning as in the 
Maine Revised Statutes, Title 17 -A, section 13-A. 
The amendment specifies that the DNA sample taken pursuant to this requirement 
may not be analyzed and must be destroyed unless one of the following conditions is met: 
the arrest was made upon an arrest warrant for murder or a Class A, B or C crime; the 
defendant has appeared before a judge who made a finding that there was probable cause 
for the arrest; or the defendant posted bond or was released prior to appearing before a 
judge or magistrate and then failed to appear for a scheduled hearing. 
The amendment also clarifies that the Chief of the State Police shall expunge the 
DNA record if the arresting law enforcement agency does not forward the charge to the 
prosecuting attorney, the prosecuting attorney does not file a charge, the case is dismissed 
or the defendant is acquitted. 
The amendment also strikes from the bill new surcharges and the establishment of the 
State DNA Data Base Fund. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 06/04/11 .wac::. 
LD 1143 
LR 1070(02) 
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 'A" 
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(02) - Fiscal Note - Page 1 of 1