Deoxyribonucleic acid samples

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  1. (a) A person who is adjudicated delinquent for the following offenses shall have a deoxyribonucleic acid sample drawn:

    1. (1) Rape, § 5-14-103;

    2. (2) Sexual assault in the first degree, § 5-14-124;

    3. (3) Sexual assault in the second degree, § 5-14-125;

    4. (4) Incest, § 5-26-202;

    5. (5) Capital murder, § 5-10-101;

    6. (6) Murder in the first degree, § 5-10-102;

    7. (7) Murder in the second degree, § 5-10-103;

    8. (8) Kidnapping, § 5-11-102;

    9. (9) Aggravated robbery, § 5-12-103;

    10. (10) Terroristic act, § 5-13-310; and

    11. (11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony.

  2. (b) The court shall order a fine of two hundred fifty dollars ($250) unless the court finds that the fine would cause an undue hardship.

  3. (c)

    1. (1) Only a juvenile adjudicated delinquent for one (1) of the offenses listed in subsection (a) of this section shall have a deoxyribonucleic acid sample drawn upon intake at a juvenile detention facility or intake at a Division of Youth Services of the Department of Human Services facility.

    2. (2) If the juvenile is not placed in a facility, the juvenile probation officer to whom the juvenile is assigned shall ensure that the deoxyribonucleic acid sample is drawn.

  4. (d) All deoxyribonucleic acid samples taken under this section shall be taken in accordance with rules promulgated by the State Crime Laboratory.


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