First Regular Session 112th General Assembly (2001)
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SENATE ENROLLED ACT No. 316
AN ACT concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 10-1-9-10, AS AMENDED BY P.L.1-1999,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 10. (a) This section applies to a person described
in subsection (b) or (c).
(b) This section applies to a person convicted of a felony under
IC 35-42 (offenses against the person), IC 35-43-2-1 (burglary), or
IC 35-42-4-6 (child solicitation):
(1) after June 30, 1996, whether or not the person is sentenced to
a term of imprisonment; and
(2) before July 1, 1996, if the person is held in jail or prison on or
after July 1, 1996.
(c) This section applies to a person convicted of a criminal law in
effect before October 1, 1977, that penalized an act substantially
similar to a felony described in IC 35-42 or IC 35-43-2-1 or that would
have been an included offense of a felony described in IC 35-42 or
IC 35-43-2-1, if the felony had been in effect:
(1) after June 30, 1998, whether or not the person is sentenced to
a term of imprisonment; and
(2) before July 1, 1998, if the person is held in jail or prison on or
after July 1, 1998.
(d) A person described in subsection (b) or (c) shall provide a DNA
sample to the:
(1) department of correction
or the designee of the department
of correction, if the offender is committed to the department
of correction; or
(2) the county sheriff or the designee of the county sheriff, if
the offender is held in a county jail or other county penal
facility, placed in a community corrections program (as
defined in IC 35-38-2.6-2), or placed on probation.
A convicted person is not required to submit a blood sample if doing
so would present a substantial and an unreasonable risk to the person's
health.
SECTION 2. IC 10-1-9-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11.
(a) The
superintendent may issue specific guidelines relating to procedures for
DNA sample collection and shipment within Indiana for DNA
identification testing.
(b) The superintendent shall issue specific guidelines related to
procedures for DNA sample collection and shipment under section
10(d)(2) of this chapter. The superintendent shall provide each
county sheriff with the guidelines issued under this subsection. A
county sheriff shall collect and ship DNA samples in compliance
with the guidelines issued under this subsection.
(c) The superintendent may delay the implementation of the
collection of DNA samples under section 10(d)(2) of this chapter in
one (1) or more counties until the earlier of the following:
(1) A date set by the superintendent.
(2) The date funding becomes available by grant through the
criminal justice institute.
If the superintendent delays implementation of section 10(d)(2) of
this chapter or terminates a delay under section 10(d)(2) of this
chapter in any county, the superintendent shall notify the county
sheriff in writing of the superintendent's action.
(d) In developing guidelines under subsection (b), the
superintendent shall consult with an advisory committee consisting
of the following persons:
(1) A county sheriff appointed by the governor or the designee
of the appointed county sheriff.
(2) The executive director of the prosecuting attorneys council
of Indiana established by IC 33-14-8-1 or the designee of the
executive director.
This subsection expires July 1, 2003.
SECTION 3. [EFFECTIVE UPON PASSAGE]
(a) The definitions
in IC 10-1-9 apply throughout this SECTION.
(b) The superintendent may develop and issue guidelines under
IC 10-1-9-11, as amended by this act, at any time after the effective
date of this SECTION.
(c) Not later than September 1, 2001, the superintendent shall
designate at least three (3) counties to implement
IC 10-1-9-10(d)(2), as amended by this act, for offenders convicted
after August 31, 2001. The superintendent shall evaluate the
manner in which IC 10-1-9-10(d)(2), as amended by this act, is
implemented. Not later than December 31, 2001, the
superintendent shall provide the executive director of the
legislative services agency with a written report that includes at
least the following:
(1) A statement indicating which counties have implemented
IC 10-1-9-10(d)(2), as amended by this act.
(2) A description of the process used to collect and ship DNA
samples from the counties in which IC 10-1-9-10(d)(2), as
amended by this act, has been implemented.
(3) An analysis of any problems encountered in the
implementation of IC 10-1-9-10(d)(2), as amended by this act.
(4) An analysis of any problems that may be encountered in
implementation of IC 10-1-9-10(d)(2), as amended by this act,
on a statewide basis.
(5) Specific recommendations for legislative action needed to
more efficiently and effectively implement IC 10-1-9-10(d)(2),
as amended by this act.
(d) This SECTION expires July 1, 2002.
SECTION 4.
An emergency is declared for this act.