Location:
CRIMINAL PROCEDURE; EVIDENCE;

OLR Research Report


DNA Sampling and Analysis

By: Katherine Dwyer, Associate Attorney

October 4, 2018

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2018-R-0214

Issue

Which criminal offenders are required to submit to DNA samples? Where is DNA information stored?

Summary

Connecticut mandates the collection of DNA from offenders convicted of, or acquitted by reason of “mental disease or defect,” of a felony or a crime requiring sex offender registration. The crimes that require registration are criminal offenses to minors, nonviolent sexual crimes, and sexually violent crimes. The law additionally requires individuals arrested for certain serious felony offenses to provide a DNA sample before they are released from custody if they were previously convicted of a felony and had not already provided a DNA sample.

The law tasks the Division of Scientific Services within the Department of Emergency Services and Public Protection (DESPP) with analyzing the DNA samples it receives and storing the results in a database DESPP maintains. The results of the analysis must be made available directly to law enforcement officers upon request to further a criminal investigation.

Offenders Required to Submit to Testing

Connecticut law mandates the collection of DNA from any criminal offender who has been convicted, or acquitted by reason of “mental disease or defect,” of a criminal offense to a minor, nonviolent sexual crimes, sexually violent crimes, or a felony (CGS 54-102g).

Table 1 shows the sex offenses for which convicted offenders must submit to DNA testing.

Table 1: Convicted Sex Offenders Required to Submit to DNA Testing

Nonviolent Sexual Offenses

Criminal Offenses Against a Victim Who is a Minor

Sexually Violent Offenses

Fourth-degree sexual assault, which generally involves nonviolent sexual contact with specified vulnerable victims (CGS 53a-73a)

Risk of injury to a minor involving contact with the intimate parts of someone under age 16 (CGS 53-21(a)(2))

First-degree sexual assault, other than the portion covered under crimes against a minor (CGS 53a-70)

Voyeurism committed under various circumstances specified by law (CGS 53a-189a (a)(2),(3),(4))

First-degree sexual assault involving sexual intercourse with someone under age 13 and actor is more than two years older than the victim (CGS 53a-70(a)(2))

First-degree aggravated sexual assault (CGS 53a-70a)

 

Second-degree sexual assault under various circumstances involving intercourse with a minor (CGS 53a-71)

Sexual assault in a spousal or cohabiting relationship (CGS 53a-70b)

 

Third-degree sexual assault involving a close relative (CGS 53a-72a(a)(2))

Second-degree sexual assault, other than the portion covered under crimes against minors (CGS 53a-71)

 

Advancing or profiting from prostitution of someone under age 18 (first-degree) (CGS 53a-86(a)(2))

Third-degree sexual assault, other than the portion covered under crimes against minors (CGS 53a-72a)

 

Enticing someone under age 18 through interactive computer use (CGS 53a-90a)

Third-degree sexual assault with a firearm (CGS 53a-72b)

 

Employing or promoting a minor in an obscene performance (CGS 53a-196a, 53a-196b)

First-degree kidnapping with or without a firearm, if the court finds that the offense was committed with the intent of sexually violating or abusing the victim (CGS 53a-92, -92a)

 

Importing or possessing child pornography (other than, in limited circumstances, if the person who possesses the pornography is a minor) (CGS 53a-196c through -196f)

 
 

First- or second-degree kidnapping with or without a firearm, first- or second-degree unlawful restraint, or public indecency, when the court finds that the victim is under age 18 (CGS 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96, and 53a-186)

 

The law also requires law enforcement agencies, as available resources allow, to collect DNA samples from individuals arrested for certain serious felonies (see Table 2) who have at least one previous felony conviction and have not previously submitted a DNA sample (CGS 54-102g(a)).

Table 2: Felonies Requiring DNA Testing Upon Arrest

Murder (CGS 53a-54a)

Murder with Special Circumstances (CGS 53a-54b)

Felony Murder (CGS 53a-54c)

Arson Murder (CGS 53a-54d)

First- and Second-Degree Manslaughter (CGS 53a-55, -56)

First- and Second-Degree Manslaughter with a Firearm (CGS 53a-55a, -56a)

Second-Degree Manslaughter with a Motor Vehicle (CGS 53a-56b)

Misconduct with a Motor Vehicle (CGS 53a-57)

First- and Second-Degree Assault (CGS 53a-59, -60)

First- and Second-Degree Assault of Elderly, Blind, Disabled, or Pregnant Person or Person with Intellectual Disability (CGS 53a-59a, -60b)

Second-Degree Assault with a Firearm (CGS 53a-60a)

Second-Degree Assault of Elderly, Blind, Disabled, or Pregnant Person or Person with Intellectual Disability with a Firearm (CGS 53a-60c)

First-Degree Sexual Assault (CGS 53a-70)

Aggravated First-Degree Sexual Assault (CGS 53a-70a)

Sexual Assault in Spousal or Cohabiting Relationship (CGS 53a-70b)

Third-Degree Sexual Assault with a Firearm (CGS 53a-72b)

First- and Second-Degree Kidnapping (CGS 53a-92, -94)

First- and Second-Degree Kidnapping with a Firearm (CGS 53a-92a, -94a)

First-Degree Unlawful Restraint (CGS 53a-95)

Home Invasion (CGS 53a-100aa)

First- and Second-Degree Burglary (CGS 53a-101, -102)

Second- and Third-Degree Burglary with a Firearm (CGS 53a-102a, -103a)

First- and Second-Degree Arson (CGS 53a-111, -112)

First-, Second-, and Third-Degree Robbery (CGS 53a-134, -135, -136)

Assault of Public Safety, Emergency Medical, Public Transit, or Health Care Personnel (CGS 53a-167c)

Prison Rioting (CGS 53a-179b)

Inciting Prison Rioting (CGS 53a-179c)

First-Degree Stalking (CGS 53a-181c)

Individuals who (1) are in state Department of Correction (DOC) custody, under parole or probation, or under the Psychiatric Security Review Board's jurisdiction and (2) were convicted or found not guilty by reason of mental disease or defect in another state of a felony or sex offense must submit to a DNA sample before discharge from custody, supervision or jurisdiction (CGS 54-102g(f)).

DNA Collection

Connecticut law limits who can draw blood for a sample to physicians, registered nurses, qualified laboratory technicians, and phlebotomists (CGS 54-102h).

Certain state agencies must conduct DNA sampling when they are responsible for an offender who (1) is either convicted or found not guilty by reason of mental disease or defect of a serious felony and (2) did not submit to DNA collection when arrested or previously convicted. Table 3 shows which agencies are responsible for DNA collection.

Table 3: Agency Responsible for Collecting DNA

Agency Collecting Data

Type of Offender

Arresting law enforcement agency (as available resources allow)

Individual arrested for committing a serious felony and has a previous felony conviction for which he or she did not provide a DNA sample

DOC

Offenders convicted and sentenced to the custody of the DOC commissioner

Judicial Branch's Court Support Services Division (CSSD)

Offenders who have been convicted and are not sentenced on that conviction for a term of confinement

Department of Mental Health and Addiction Services (DMHAS) or Department of Developmental Services (DDS), as applicable

Offenders found not guilty by reason of mental disease or defect and who are in the custody of DMHAS or DDS

CSSD or DOC, as applicable

Offenders serving a term of probation or parole

The agency (1) in whose custody the offender is placed or (2) that has supervision of, or jurisdiction over, the offender

Offenders convicted or found not guilty by reason of mental disease or defect in another state of a crime that requires DNA submissions in this state (this requirement applies regardless of whether a DNA sample was previously taken)

Source: CGS 54-102h

DNA Analysis and Storage

The Division of Scientific Services receives all DNA samples, and must analyze, classify, and file the results (CGS 54-102j). By law, it is required to conduct this analysis in accordance with nationally recognized standards and procedures. It maintains a database of its analyses, including the profile and identifying information of each sample (CGS 54-102g).

DESPP must maintain a form that includes certain information such as the name of the person whose sample is analyzed and a statement that the seal on the sample has not been broken (CGS 54-102i).

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