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The 192nd General Court of the Commonwealth of Massachusetts

Section 3: Submission of DNA sample

[Text of section applicable as provided by 2018, 69, Sec. 235.]

Section 3. (a) Any person who is convicted of 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 the state prison if committed by an adult shall submit a DNA sample to the department or the commissioner of probation as a condition of probation forthwith upon conviction or, if sentenced to a term of imprisonment, the DNA sample shall be collected within 10 days of intake or return to the correctional facility to which the inmate has been sentenced. No person required to submit a DNA sample pursuant to this section shall be released from a correctional facility until a DNA sample has been collected.

(b) The trial court, the commissioner of probation and the department shall establish and implement a system for the electronic notification to the department whenever a person is convicted of an offense that requires the submission of a DNA sample under subsection (a). The sample shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director. The results of such sample shall become part of the state DNA database. The submission of such DNA 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.