First Regular Session 114th General Assembly (2005)


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    HOUSE ENROLLED ACT No. 1241



     AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-13-6-8; (05)HE1241.1.1. -->     SECTION 1. IC 10-13-6-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The superintendent may establish a data base of DNA identification records of:
        (1) convicted criminals;
        (2) crime scene specimens;
        (3) unidentified missing persons; and
        (4) close biological relatives of missing persons.
    (b) The superintendent shall maintain the Indiana DNA data base.
    (c) The superintendent may contract for services to perform DNA analysis of convicted offenders under section 10 of this chapter to assist federal, state, and local criminal justice and law enforcement agencies in the putative identification, detection, or exclusion of individuals who are subjects of an investigation or prosecution of a sex offense, a violent crime, or another crime in which biological evidence is recovered from the crime scene.
     (d) The superintendent:
        (1) may perform or contract for performance of testing, typing, or analysis of a DNA sample collected from a person described in section 10 of this chapter at any time; and
        (2) shall perform or contract for the performance of testing, typing, or analysis of a DNA sample collected from a person

described in section 10 of this chapter if federal funds become available for the performance of DNA testing, typing, or analysis.
    (d) (e) The superintendent shall adopt rules under IC 4-22-2 necessary to administer and enforce the provisions and intent of this chapter.
    (f) The detention, arrest, or conviction of a person based on a data base match or data base information is not invalidated if a court determines that the DNA sample was obtained or placed in the Indiana DNA data base by mistake.

SOURCE: IC 10-13-6-10; (05)HE1241.1.2. -->     SECTION 2. IC 10-13-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 10. (a) This section applies to the following:
        (1) A person convicted of a felony under IC 35-42 (offenses against the person) or IC 35-43-2-1 (burglary): or IC 35-42-4-6 (child solicitation):
            (A) after June 30, 1996, whether or not the person is sentenced to a term of imprisonment; and or
            (B) before July 1, 1996, if the person is held in jail or prison on or after July 1, 1996.
        (2) 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:
            (A) after June 30, 1998, whether or not the person is sentenced to a term of imprisonment; and or
            (B) before July 1, 1998, if the person is held in jail or prison on or after July 1, 1998.
         (3) A person convicted of a felony, conspiracy to commit a felony, or attempt to commit a felony:
            (A) after June 30, 2005, whether or not the person is sentenced to a term of imprisonment; or
            (B) before July 1, 2005, if the person is held in jail or prison on or after July 1, 2005.

    (b) A person described in subsection (a) 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) 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.
     (c) The detention, arrest, or conviction of a person based on a data base match or data base information is not invalidated if a court determines that the DNA sample was obtained or placed in the Indiana DNA data base by mistake.


HEA 1241 _ Concur

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