Administering Entity
North Dakota State Crime Laboratory
Recent / Pending Legislation
Nothing beyond the above.
Arrestees: Yes. Booking Station Rapid Ready.
Qualifying Crimes: Any felony arrest.
Time of Collection: Collected at arrest, at the first court appearance, or at booking into a correctional facility.
Expungement: Yes – by petition to the court where the arrest ended in dismissal, acquittal, or a misdemeanor conviction; where no felony charge was brought within a year; or where no felony conviction resulted.
Statutes / Case Law
NDCC § 31-13-01. DEFINITIONS
§ 31-13-03. INDIVIDUALS TO BE TESTED—COSTS
§ 31-13-07. REMOVAL OF DNA PROFILES FROM DATABASE
Convicted Offenders: Yes.
Qualifying Crimes: Felonies; sexual offenses and attempted sexual offenses; any other offense where the sentencing court finds the person engaged in a nonconsensual sexual act or sexual contact during, in the course of, or as a result of the offense; and any individual in the department’s custody after July 31, 1995.
Time of Collection: At the person’s arrest or appearance, or at booking into a correctional facility.
Expungement: By petition to the court where the conviction was reversed or the case dismissed.
Statutes / Case Law
NDCC § 31-13-01. Definitions
NDCC § 31-13-03. Individuals to be tested—Costs
NDCC § 31-13-07. Removal of DNA profiles from database
State v. Norman, 2003 ND 66 (N.D. 2003) (“The Legislature intended the expanded DNA testing to include individuals in the custody of the department after July 31, 2001, as a result of a conviction for one of the specified offenses.”).
Legislative History
- SB 2358 (54th Legislative Assembly, 1995) → Ch. 325. Created Chapter 31-13 from scratch — DNA analysis, the DNA data base, and a penalty. The original mandate was narrow: courts were to order collection only from persons convicted on or after August 1, 1995 of specified sexual offenses under §§ 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-06, subdivision e or f of § 12.1-20-07(1), or § 12.1-20-11, plus any offense where the court found at sentencing that the defendant engaged in a nonconsensual sexual act or sexual contact. It applied retroactively to persons in Department of Corrections custody after July 31, 1995 for those offenses, and established the database architecture, collection process, cost allocation, and use restrictions.
- HB 1208 (57th Legislative Assembly, 2001) → Ch. 302. Amended § 31-13-03 to add a second collection category: any person convicted after July 31, 2001 of a felony under chapter 12.1-16 (homicide), 12.1-17 (assaults), or 12.1-18 (kidnapping), § 12.1-22-01 (robbery), or chapter 12.1-27.2 (sexual performance by minors), plus anyone in DOC custody after that date for such an offense. Enacted to qualify North Dakota for grants under the federal DNA Analysis Backlog Elimination Act of 2000. The act carried an expiration date of July 31, 2004.
- HB 1235 (58th Legislative Assembly, 2003). Amended §§ 31-13-03, 31-13-05, and 31-13-07, relating to the law enforcement DNA data base. The bill’s § 31-13-03 text is printed with an “(Effective through July 31, 2004)” designation, reflecting the sunset carried by the 2001 act, and the companion amendments to § 31-13-05 aligned the database’s authorized-use provisions with the collection categories added in 2001.
- HB 1197 (60th Legislative Assembly, 2007) → Ch. 285, effective August 1, 2009. This is the arrest-based collection bill. New subsection 1 of § 31-13-03 requires a person eighteen years of age or over who is arrested for the commission of a felony to provide correctional personnel a sample of blood or other body fluids upon booking, with no additional sample required if one is already in the databases. Restructured the balance of the section into subsection 2, preserving the 1995 sexual-offense mandate, the 2001 violent-felony categories, and the all-felony conviction trigger, each subject to the no-duplicate-sample rule. Also amended § 31-13-07. The two-year delayed effective date gave agencies time to build booking, laboratory, and expungement capacity.
- HB 1355 (60th Legislative Assembly, 2007) → Ch. 286. Amended § 31-13-03 only. Added the all-felony convictiontrigger: the court shall order an individual convicted after July 31, 2005 of any felony offense to provide a sample — replacing the enumerated-chapter approach of the 2001 act. Also provided that samples must be collected immediately but may be preserved for later analysis subject to funding, retained the sentencing court’s continuing jurisdiction to order a sample not previously ordered, and required persons not sentenced to confinement to provide a sample as a condition of sentence or probation with costs assessed against the person tested.
- HB 1389 (62nd Legislative Assembly, 2011) → Ch. 242. Created a new section of chapter 31-13 establishing the offense of tampering with a DNA sample, with a penalty, and amended §§ 31-13-03, 31-13-04, and 31-13-07 relating to the collection and testing of samples for law enforcement identification purposes. The tampering offense is the integrity companion to arrest-based collection, which had taken effect in 2009.
- SB 2281 (67th Legislative Assembly, 2021), with an emergency clause. Created a new section of chapter 54-12 establishing a statewide sexual assault evidence collection kit tracking system, and amended subsection 5 of § 31-13-03 relating to the collection of blood or body fluid samples for DNA testing in connection with those tracking requirements.
No program or law found.
No program or law identified.
No program or law identified.
No program or law identified.