By Mr. Koutoujian of Waltham, petition (accompanied by bill, House, No. 1550) of Peter J. Koutoujian that persons convicted of a felony submit DNA samples to the DNA data base.  The Judiciary.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Peter J. Koutoujian

 

 


 

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In the Year Two Thousand and Seven.

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 An Act relating to DNA samples.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1.  Chapter 22E of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 3 and inserting in place thereof the following section:-

 

Section 3.  Any person who is convicted of a an offense that is punishable by imprisonment in the state prison and any person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in a state prison if committed by an adult shall submit a DNA sample which shall be collected by a person authorized pursuant to section 4,  to the department within 90 days of such conviction or adjudication or, if incarcerated, before release from custody, whichever occurs first, in accordance with regulations or procedures established by the director.  The results of such sample shall become part of the state’s DNA data base.  The submission of such sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post conviction motion or petition.  Said sample shall also be used for cross referencing with both state and national crime data files.