ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 182)
EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
STATE DNA DATABASE
Submission of DNA sample
Section 3. 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 within 1 year of such conviction or adjudication or, if incarcerated, before release from custody, whichever occurs first. The trial court and probation department shall work in conjunction with the director to 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 this section. 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.