Sec. 27. (a) If a court imposes a sentence that does not involve a commitment to the department of correction, the court shall require a person:
(1) who is described in IC 10-13-6-10(a); and
(2) who has not previously provided a DNA sample in accordance with IC 10-13-6;
to provide a DNA sample as a condition of the sentence.
(b) If a person described in subsection (a) is confined at the time of sentencing, the court shall order the person to provide a DNA sample immediately after sentencing.
(c) If a person described in subsection (a) is not confined at the time of sentencing, the agency supervising the person after sentencing shall establish the date, time, and location for the person to provide a DNA sample. However, the supervising agency must require that the DNA sample be provided not more than seven (7) days after sentencing. A supervising agency's failure to obtain a DNA sample not more than seven (7) days after sentencing does not permit a person required to provide a DNA sample to challenge the requirement that the person provide a DNA sample at a later date.
(d) A person's failure to provide a DNA sample is grounds for revocation of the person's probation, community corrections placement, or other conditional release.
As added by P.L.140-2006, SEC.22 and P.L.173-2006, SEC.22. Amended by P.L.111-2017, SEC.9.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 1. Entry of Judgment and Sentencing
35-38-1-0.1. Application of Certain Amendments to Chapter
35-38-1-1. Judgment of Conviction; Pronouncement of Sentence
35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor
35-38-1-2.5. Crime of Deception
35-38-1-3. Presentence Hearing
35-38-1-7.1. Considerations in Imposing Sentence
35-38-1-7.5. Sexually Violent Predators
35-38-1-7.7. Crime of Domestic Violence; Sentence Procedures
35-38-1-7.8. Credit Restricted Felons
35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact Statement; Contents
35-38-1-10. Presentence Investigation; Physical or Mental Examination
35-38-1-11. Presentence Memorandum by Convicted Person
35-38-1-13. Confidentiality of Presentence Report or Memoranda
35-38-1-14. Imprisonment; Transmission of Certain Information to Department of Correction
35-38-1-15. Erroneous Sentence; Nature; Correction
35-38-1-16. Certified Copies of Corrected or Modified Sentence
35-38-1-17. Sentence Modification; Conditions; Not Permitted for Certain Offenders
35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default
35-38-1-21. Home Detention; Petition and Hearing
35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities
35-38-1-24. Community Transition Program; Level 5 or Level 6 Felony
35-38-1-25. Community Transition Program; Murder and Level 1 Through Level 4 Felony
35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence
35-38-1-30. Sentence; Refrain From Contact
35-38-1-31. Abstracts of Judgment
35-38-1-32. Court Notification of Potential Habitual Violator Offenses