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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 112777
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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does everyone who is on probation in MA, have to have a DNA

Resolved Question:

does everyone who is on probation in MA, have to have a DNA test, no matter what the crime?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.

Under the below MA Statute, anyone convicted of any crime punishable by imprisonment in the state prison must submit a DNA sample, even if all you are sentenced to is probation.

Chapter 22E: Section 3 Submission of DNA sample

[ Text of section effective until July 1, 2004. For text effective July 1, 2004, see below.]

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, within 1 year of

such conviction or adjudication, submit a DNA sample to the department, which 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.

[ Text of section as amended by 2004, 149, Sec. 46 effective July 1, 2004. See 2004, 149, Sec.

428. For text effective until July 1, 2004, see above.]

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 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


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