Administering Entity
Maine State Police Crime Laboratory
Recent / Pending Legislation
None beyond the above.
Arrestees: No. In 2011, the Legislature considered a bill to expand to felony arrestee testing in 2011, but it failed (LD 1143 (2011, died)). Not Booking Station Rapid Ready.
Convicted Offenders: Yes.
Qualifying Crimes:
Enumerated Offenses for Adults: Murder; a Class A, B or C crime; sexual abuse of a minor; unlawful sexual contact; visual sexual aggression against a child; sexual contact with a child under 14 years of age; solicitation of a child by a computer to commit a prohibited act; solicitation of a child to commit a prohibited act on or after October 1, 2012; or any lesser included offense of one of the above if the greater offense is initially charged.
Enumerated Offenses for Minors: juvenile crimes that, if committed by an adult, would constitute the following: murder; felony murder; manslaughter; aggravated assault; elevated aggravated assault; gross sexual assault; unlawful sexual contact; kidnapping; criminal restraint; burglary; robbery; arson; aggravated criminal mischief; or causing a catastrophe.
Time of Collection: The sample may be collected at any point during incarceration; where there is no incarceration, it may be taken at any time during period of probation. Court may include submitting to having a DNA sample taken as a condition of probation. If incarcerated prior to January 1, 1996, before release from the corrections system.
Expungement: By petition to the Superior Court, based on reversal or dismissal of the conviction or adjudication. justifying the collection of the DNA; Chief of the State Police must purge the record upon receipt of an expungement order and certified copy of the order reversing or dismissing conviction or adjudication.
Statutes / Case Law
5 M.R. S. § 1573. Responsibility for DNA Identification Record System; Procedural Compatibility with the FBI
25 M.R. S. § 1574. Biological Sample Required for DNA Analysis upon Conviction or Adjudication
25 M.R.S. § 1575. Procedure for collection of a biological sample for DNA analysis
25 M.R.S. § 1577. DNA records
State v. Hutchinson, 969 A.2d 923 (Me. 2009) (holding statute requiring persons convicted of serious crimes to provide DNA samples for DNA database does not constitute unreasonable search and seizure).
Legislative History
Original Enactment — Created the DNA Data Base and Data Bank Act: PL 1995, c. 457 = S.P. 480 – L.D. 1304 (117th Legislature, 1st Regular Session).“An Act to Establish the DNA Data Base and Data Bank Act”. Effective January 1, 1996. Created the entire Chapter 194, including §1574, requiring DNA samples from persons convicted of specific violent and sexual crimes
1997 Amendment: PL 1997, c. 608 = S.P. 749 – L.D. 2027 (118th Legislature, 2nd Regular Session) “An Act to Ensure Collection of Essential Data by the Department of Public Safety” Emergency act; effective March 18, 1998. Amended §1574(1) and the applicable offense list; clarified who may draw DNA samples. Source: PL 1997, c. 608 — Session Law Text
2001 Amendment — Major expansion: PL 2001, c. 325 = H.P. 1165 – L.D. 1565 (120th Legislature, 1st Regular Session) “An Act to Expand the Collection of DNA Samples from Convicted Offenders” Effective September 21, 2001. Dramatically broadened DNA collection to all Class A, B, and C crimes for persons convicted on or after October 1, 2001 (new subsection 5), while retaining the original specific offense list for pre-2001 convictions (subsection 4).
2003 Amendment — Added juveniles: PL 2003, c. 393 = H.P. 300 – L.D. 380 (121st Legislature, 1st Regular Session) “An Act To Protect Public Safety Using DNA Data of Juvenile Violent Offenders” Effective September 13, 2003. Added §1574(3-A) and §1574(6) extending DNA collection to juveniles adjudicated on or after October 1, 2003 for violent crimes.
2011 Amendment: PL 2011, c. 597 = S.P. 572 – L.D. 1673 (125th Legislature, 2nd Regular Session) “An Act To Prohibit the Sexual Solicitation of a Child by any Means” Effective 2012. Added “Solicitation of a child to commit a prohibited act” (new §259-A) to §1574(5)’s list of applicable offenses.
No program or law found.
No program or law found.
Legislation introduced in 2023 (died in 2024) – ME LD 838 – would have required the Chief Medical Examiner to use FGG testing of UHR after 45 days of having possession of UHR.
No program or law found.
No program or law found.