General Assembly Substitute Bill No. 5341
January Session, 2011 *_____HB05341JUD___042711____*
General Assembly
Substitute Bill No. 5341
January Session, 2011
*_____HB05341JUD___042711____*
AN ACT REQUIRING THE COLLECTION OF DNA FROM PERSONS CONVICTED OF A SERIOUS FELONY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-102g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any person who has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and has been sentenced on that conviction to the custody of the Commissioner of Correction shall, prior to release from custody and at such time as the commissioner may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If any person required to submit to the taking of a blood or other biological sample pursuant to this subsection refuses to do so, the Commissioner of Correction or the commissioner's designee shall notify the Department of Public Safety within thirty days of such refusal for the initiation of criminal proceedings against such person.
(b) Any person who is convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony and is not sentenced to a term of confinement shall, as a condition of such sentence and at a time and place specified by the Court Support Services Division of the Judicial Department, submit to the taking of a blood or other biological sample for DNA [(deoxyribonucleic acid)] analysis to determine identification characteristics specific to the person.
(c) Any person who has been found not guilty by reason of mental disease or defect pursuant to section 53a-13 of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and is in custody as a result of that finding, shall, prior to discharge from custody in accordance with subsection (e) of section 17a-582, section 17a-588 or subsection (g) of section 17a-593 and at such time as the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services with whom such person has been placed may specify, submit to the taking of a blood or other biological sample for DNA [(deoxyribonucleic acid)] analysis to determine identification characteristics specific to the person.
(d) Any person who has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and is serving a period of probation or parole, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a), (b) or (c) of this section, shall, prior to discharge from the custody of the Court Support Services Division or the Department of Correction and at such time as said division or department may specify, submit to the taking of a blood or other biological sample for DNA [(deoxyribonucleic acid)] analysis to determine identification characteristics specific to the person.
(e) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state or jurisdiction of a felony or of any crime, the essential elements of which are substantially the same as a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, and is in the custody of the Commissioner of Correction, is under the supervision of the Judicial Department or the Board of Pardons and Paroles or is under the jurisdiction of the Psychiatric Security Review Board, shall, prior to discharge from such custody, supervision or jurisdiction submit to the taking of a blood or other biological sample for DNA [(deoxyribonucleic acid)] analysis to determine identification characteristics specific to the person.
(f) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, any person who is convicted, on or after the effective date of this section, of a serious felony offense, as such term is defined in section 54-82t, shall, prior to the time scheduled for such person to be sentenced, submit to the taking of a blood or other biological sample for DNA analysis to determine identification characteristics specific to the person.
[(f)] (g) The analysis shall be performed by the Division of Scientific Services within the Department of Public Safety. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the division in a DNA data bank and shall be made available only as provided in section 54-102j.
[(g)] (h) Any person who refuses to submit to the taking of a blood or other biological sample pursuant to this section shall be guilty of a class D felony. Any person required to submit to the taking of a blood or other biological sample pursuant to subsection (b) of this section who refuses to submit to the taking of such sample within five business days of the time specified by the Court Support Services Division may be arrested pursuant to a warrant issued under section 54-2a.
Sec. 2. Subsection (a) of section 54-102h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) (1) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (a) of section 54-102g, as amended by this act, shall be the responsibility of the Department of Correction and shall be taken at a time and place specified by the Department of Correction.
(2) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (b) of section 54-102g, as amended by this act, shall be the responsibility of the Judicial Department and shall be taken at a time and place specified by the Court Support Services Division.
(3) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (c) of section 54-102g, as amended by this act, shall be the responsibility of the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services, as the case may be, and shall be taken at a time and place specified by said commissioner.
(4) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (d) of section 54-102g, as amended by this act, shall be the responsibility of the Judicial Department if such person is serving a period of probation and of the Department of Correction if such person is serving a period of parole and shall be taken at a time and place specified by the Court Support Services Division or the Department of Correction, as the case may be.
(5) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (e) of section 54-102g, as amended by this act, shall be the responsibility of the agency in whose custody or under whose supervision such person has been placed, and shall be taken at a time and place specified by such agency.
(6) The collection of a blood or other biological sample from persons required to submit to the taking of such sample pursuant to subsection (f) of section 54-102g, as amended by this act, shall be the responsibility of the Judicial Department and shall be taken at a time and place specified by the Court Support Services Division prior to the time scheduled for the sentencing of such persons.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 54-102g
Sec. 2 October 1, 2011 54-102h(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
54-102g
Sec. 2
October 1, 2011
54-102h(a)
PS Joint Favorable Subst.
JUD Joint Favorable
PS
Joint Favorable Subst.
JUD
Joint Favorable