New Hampshire Revised Statutes 651-C:2 – DNA Analysis Required
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I. Upon intake or prior to the release of any offender after conviction for the commission of any sexual offense, as defined in N.H. Rev. Stat. § 651-B:1, V, or any offense against a child as defined in N.H. Rev. Stat. § 651-B:1, VII, or any other felony offense prohibited by the laws of this or another state or federal law, whether on probation, conditional or unconditional release, completion of sentence, or release for any other reason, or any person found to be not guilty by reason of insanity under N.H. Rev. Stat. § 651:8-b for any of the offenses listed under this paragraph, or any person committed to the secure psychiatric unit by order of the court after being found not competent to stand trial pursuant to N.H. Rev. Stat. § 135:17-a for an offense listed under this paragraph, and subsequently committed under N.H. Rev. Stat. § 171-B:12 or N.H. Rev. Stat. § 135-C:34, such person shall have a DNA sample taken for DNA analysis to determine identification characteristics specific to the person.
II. The analysis shall be performed under the direction of the division, following procedures in conformance with the federal “DNA Identification Act of 1994”. Identifying characteristics of the resulting DNA profile shall be stored by the division in a DNA database compatible with and maintained by the CODIS system. Information in the database shall be made available only as provided in N.H. Rev. Stat. § 651-C:3.
For details, see N.H. Rev. Stat. 651:2
III. The division shall prescribe procedures compatible with the Federal Bureau of Investigation’s requirements for the CODIS program, to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and DNA records obtained pursuant to this subdivision.
IV. The division may contract with third parties for the purposes of this subdivision. Any DNA sample sent to third parties for analysis shall be coded to maintain confidentiality concerning the donor of the sample.
V. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts stated in the analysis.
VI. A law enforcement officer may use such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of a sample.
VII. If the initial DNA sample collected from an individual is found to be deficient, a new sample shall be collected.
VIII. Any person required under this chapter to submit a DNA sample, including a juvenile offender who is required to submit a DNA sample prior to the juvenile’s eighteenth birthday, who knowingly refuses to submit such sample for a period of 30 days after receiving notice from the division, the department of corrections, probation, parole, or other authorized representative of law enforcement shall be guilty of a class A misdemeanor.
IX. Any entry into the database which is found to be erroneous shall not prohibit law enforcement officials from the legitimate use of the information in the furtherance of a criminal investigation.
X. Any authorized individual collecting a DNA sample shall be immune from civil liability, provided such person acts with reasonable care under the circumstances.
II. The analysis shall be performed under the direction of the division, following procedures in conformance with the federal “DNA Identification Act of 1994”. Identifying characteristics of the resulting DNA profile shall be stored by the division in a DNA database compatible with and maintained by the CODIS system. Information in the database shall be made available only as provided in N.H. Rev. Stat. § 651-C:3.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In New Hampshire Revised Statutes 651-C:2
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Donor: The person who makes a gift.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
III. The division shall prescribe procedures compatible with the Federal Bureau of Investigation’s requirements for the CODIS program, to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and DNA records obtained pursuant to this subdivision.
IV. The division may contract with third parties for the purposes of this subdivision. Any DNA sample sent to third parties for analysis shall be coded to maintain confidentiality concerning the donor of the sample.
V. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts stated in the analysis.
VI. A law enforcement officer may use such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of a sample.
VII. If the initial DNA sample collected from an individual is found to be deficient, a new sample shall be collected.
VIII. Any person required under this chapter to submit a DNA sample, including a juvenile offender who is required to submit a DNA sample prior to the juvenile’s eighteenth birthday, who knowingly refuses to submit such sample for a period of 30 days after receiving notice from the division, the department of corrections, probation, parole, or other authorized representative of law enforcement shall be guilty of a class A misdemeanor.
IX. Any entry into the database which is found to be erroneous shall not prohibit law enforcement officials from the legitimate use of the information in the furtherance of a criminal investigation.
X. Any authorized individual collecting a DNA sample shall be immune from civil liability, provided such person acts with reasonable care under the circumstances.