2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4006 - Persons subject to sampling

(a) As of January 1, 1999, any person convicted of any of the crimes listed in this section, or an attempt to commit them, shall be subject to the taking of samples for DNA analysis. Furthermore, any person convicted for, or who has attempted to commit any of the crimes listed in the section, but who is not sentenced to a term in jail, shall be subjected to the taking of a sample as a condition of the sentence imposed.
Besides, and from this same date, those persons who have already been convicted or have attempted to commit any of the crimes listed in this section, who have not asked to participate in any community program, private or public rehabilitation institution, parole, extended pass, electronic shackles program, or any other supervisory measure, shall be subject to the taking of a sample in order to participate in the same.
In all of the above cases, the taking of a sample for analysis shall not be necessary if the person has been previously registered in the DNA Data Bank.
(b) As of January 1, 1999, persons convicted of the following crimes shall be subject to the taking of a sample:
(1) Murder.
(2) Homicide in all its modes.
(3) Rape.
(4) Sodomy.
(5) Lewd and lascivious acts.
(6) Incest.
(7) Bestiality.
(8) Any felony typified in §§ 601 et seq. of Title 8.
(c) On and after July 1, 1999, the following shall be added to the list of crimes in subsection (b):
(1) Kidnapping in all of its modes.
(2) Robbery in all of its modes.
(3) Assault and battery.
(4) Perversion of minors.
(5) Manufacture and distribution of controlled substances.
(6) Distribution of controlled substances to minors eighteen (18) years of age and younger.
(7) Continuous trafficking of controlled substances.
(8) Child abuse in all its modes.
(9) Mayhem.
(d) As of the date of effectiveness of the New Penal Code of the Commonwealth of Puerto Rico of 2004 any person convicted for any of the following offenses, or the attempts or conspiracies thereof, as defined in said Code, shall be subject to having a sample taken:
(1) Murder in all its modalities.
(2) Negligent homicide.
(3) Sexual aggression.
(4) Lascivious acts.
(5) Bestiality.
(6) Kidnapping in all its modalities.
(7) Theft in all its modalities.
(8) Serious aggression and negligent injury.
(9) Perversion of minors.
(10) Child pornography.
(11) Illegal identity theft.
(12) Aggravated false imprisonment when the victim is a minor who has not attained the age of eighteen (18) years (unless committed by a parent or guardian).
(13) Pandering, ruffianism, and human trafficking.
(14) Spousal sexual assault, as classified in § 635 of Title 8.
(15) Aggravated abuse when its commission simultaneously incurs child abuse, as classified in §§ 444 et seq. of Title 8, as described in § 632(g) of Title 8.
(e) As of July 1, 2011, any person against whom there is cause for arrest for having committed or attempted to commit any of the following crimes shall subject to the collection of a DNA sample to determine the characteristics of his/her identity.
(1) Murder
(2) Manslaughter
(3) Abortion
(4) Abortion committed or consented by the woman
(5) Abortion by force or violence
(6) Human cloning
(7) Aggravated battery
(8) Child abduction
(9) Child corruption
(10) Sexual assault
(11) Lewd acts
(12) Bestiality
(13) Proxenetism, pandering, and human trafficking
(14) Aggravated proxenetism, pandering, and human trafficking
(15) Production of child pornography
(16) Possession and distribution of child pornography
(17) Use of a minor for child pornography
(18) Slavery
(19) Aggravated restriction of freedom
(20) Kidnapping
(21) Aggravated kidnapping
(22) Aggravated burglary
(23) Genocide
(24) Crimes against humanity
Only the Institute of Forensic Sciences, or any government entity that may substitute it, shall analyze, store, and keep custody of said sample.
The Clerk of the General Court of Justice for the Superior Part of the judicial region with competence to hear the case shall inform the Institute of Forensic Sciences, or the government entity that may substitute it, of the final ruling for the criminal proceeding related to the arrest for which the sample was taken. If the charges related to the arrest for which the sample was taken are dismissed, or if the court finds the accused not guilty, the Institute of Forensic Sciences, or the government entity that may substitute it, shall then destroy the sample and any file in connection therewith, as long as there are no other charges filed against the same person for which the court may have not issued a final ruling. The procedure for collecting samples in these circumstances is provided in § 4007(c) of this title."
History —July 24, 1998, No. 175, § 8; Sept. 29, 2004, No, 527, § 1; Dec. 30, 2010, No. 253, § 1; Oct. 14, 2011, No. 243, § 12.