13-610

13-610. DNA testing

A. Within thirty days after a person is sentenced to the state department of
corrections or a person who is accepted under the interstate compact for the supervision
of parolees and probationers arrives in this state, the state department of corrections
shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic
acid testing and extraction from the person if the person was convicted of an offense
listed in this section and was sentenced to a term of imprisonment or was convicted of
any offense that was committed in another jurisdiction that if committed in this state
would be a violation of any offense listed in this section and the person is under the
supervision of the state department of corrections. The state department of corrections
shall transmit the sample to the department of public safety.

B. Within thirty days after a person is placed on probation and sentenced to a term
of incarceration in a county jail detention facility or is detained in a county juvenile
detention facility, the county detention facility shall secure a sufficient sample of
blood or other bodily substances for deoxyribonucleic acid testing and extraction from
the person if the person was convicted of or adjudicated delinquent for an offense listed
in this section. The county detention facility shall transmit the sample to the
department of public safety.

C. Within thirty days after a person is convicted and placed on probation without a
term of incarceration or adjudicated delinquent and placed on probation, the county
probation department shall secure a sufficient sample of blood or other bodily substances
for deoxyribonucleic acid testing and extraction from the person if the person was
convicted of or adjudicated delinquent for an offense listed in this section. The county
probation department shall transmit the sample to the department of public safety.

D. Within thirty days after the arrival of a person who is accepted under the
interstate compact for the supervision of parolees and probationers and who is under the
supervision of a county probation department, the county probation department shall
secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid
testing and extraction from the person if the person was convicted of an offense that was
committed in another jurisdiction that if committed in this state would be a violation of
any offense listed in this section and was sentenced to a term of probation. The county
probation department shall transmit the sample to the department of public safety.

E. Within thirty days after a juvenile is committed to the department of juvenile
corrections, the department of juvenile corrections shall secure a sufficient sample of
blood or other bodily substances for deoxyribonucleic acid testing and extraction from
the youth if the youth was adjudicated delinquent for an offense listed in this section
and was committed to a secure care facility. The department of juvenile corrections shall
transmit the sample to the department of public safety.

F. Within thirty days after the arrival in this state of a juvenile who is accepted
by the department of juvenile corrections pursuant to the interstate compact on juveniles
and who was adjudicated for an offense that was committed in another jurisdiction that if
committed in this state would be a violation of any offense listed in this section, the
compact administrator shall request that the sending state impose as a condition of
supervision that the juvenile submit a sufficient sample of blood or other bodily
substances for deoxyribonucleic acid testing. If the sending state does not impose that
condition, the department of juvenile corrections shall request a sufficient sample of
blood or other bodily substances for deoxyribonucleic acid testing within thirty days
after the juvenile's arrival in this state. The department of juvenile corrections shall
transmit the sample to the department of public safety.

G. Notwithstanding subsections A through F, K, L and O of this section, the agency
that is responsible for securing a sample pursuant to this section shall not secure the
sample if the scientific criminal analysis section of the department of public safety has
previously received and is maintaining a sample sufficient for deoxyribonucleic acid
testing.

H. The department of public safety shall do all of the following:

1. Conduct or oversee through mutual agreement an analysis of the samples that it
receives pursuant to subsections K, L and O of this section.

2. Make and maintain a report of the results of each deoxyribonucleic acid
analysis.

3. Maintain samples of blood and other bodily substances for at least thirty-five
years.

I. Any sample and the result of any test that is obtained pursuant to this section
may be used only as follows:

1. For law enforcement identification purposes.

2. In a proceeding in a criminal prosecution or juvenile adjudication.

3. In a proceeding under title 36, chapter 37.

J. If the conviction of a person who is subject to this section is overturned on
appeal or postconviction relief and a final mandate has been issued, on petition of the
person to the superior court in the county in which the conviction occurred, the court
shall order that the person's deoxyribonucleic acid profile resulting from that
conviction be expunged from the Arizona deoxyribonucleic acid identification system
established by section 41-2418 unless the person has been convicted of another offense
that would require the person to submit to deoxyribonucleic acid testing pursuant to this
section.

K. If a person is arrested for any offense listed in subsection O, paragraph 3 of
this section and is transferred by the arresting authority to a state, county or local
law enforcement agency or jail, the arresting authority or its designee shall secure a
sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid
testing and extraction from the person for the purpose of determining identification
characteristics. The arresting authority or its designee shall transmit the sample to the
department of public safety.

L. A person who is charged with a felony or misdemeanor offense listed in
subsection O, paragraph 3 of this section and who is summoned to appear in court for an
initial appearance shall report within five days of release on bail or on the person's
own recognizance to the law enforcement agency that arrested the person or its designee
and submit a sufficient sample of buccal cells or other bodily substances for
deoxyribonucleic acid testing and extraction. The arresting authority or its designee
shall transmit the sample to the department of public safety.

M. A person who is subject to subsection K or L of this section may petition the
superior court in the county in which the arrest occurred or the criminal charge was
filed to order that the person's deoxyribonucleic acid profile and sample be expunged
from the Arizona deoxyribonucleic acid identification system, unless the person has been
arrested or charged with or convicted of another offense that would require the person to
submit to deoxyribonucleic acid testing pursuant to this section, if any of the following
applies:

1. The criminal charges are not filed within the applicable period prescribed by
section 13-107.

2. The criminal charges are dismissed.

3. The person is acquitted at trial.

N. If any sample that is submitted to the department of public safety under this
section is found to be unacceptable for analysis and use or cannot be used by the
department, the department shall require that another sample of blood or other bodily
substances be secured pursuant to this section.

O. This section applies to persons who are:

1. Convicted of any felony offense.

2. Adjudicated delinquent for any of the following offenses:

(a) A violation or an attempt to violate any offense in chapter 11 of this title,
any felony offense in chapter 14 or 35.1 of this title or section 13-1507, 13-1508 or
13-3608.

(b) Any offense for which a person is required to register pursuant to section
13-3821.

(c) A violation of any felony offense in chapter 34 of this title that may be
prosecuted pursuant to section 13-501, subsection B, paragraph 2.

(d) A violation of any felony offense that is listed in section 13-501.

3. Arrested for a violation of any offense in chapter 11 of this title, a violation
of section 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1417,
13-1507, 13-1508, 13-3208, 13-3214, 13-3555 or 13-3608 or a violation of any serious
offense as defined in section 13-706 that is a dangerous offense.