2005 Idaho Code - 19-5506 — SCOPE OF LAW -- OFFENDERS SUBJECT TO SAMPLE COLLECTION -- EARLY COLLECTION OF SAMPLES -- RESTITUTION

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 55
                      THE IDAHO DNA DATABASE ACT OF 1996
    19-5506.  SCOPE OF LAW -- OFFENDERS SUBJECT TO SAMPLE COLLECTION -- EARLY
COLLECTION OF SAMPLES -- RESTITUTION. (a) Any person, including any juvenile
tried as an adult, who is convicted of, or pleads guilty to, any of the
following crimes, regardless of the form of judgment or withheld judgment, and
regardless of the sentence imposed or disposition rendered, shall be required
to provide to the Idaho state police, a DNA sample and a right thumbprint
impression:
    (1)  Arson (sections 18-802, 18-803, 18-804 and 18-805, Idaho Code);
    (2)  Aggravated assault (section 18-905, Idaho Code);
    (3)  Aggravated battery (section 18-907, Idaho Code);
    (4)  Assault with the intent to commit a serious felony (section 18-909,
    Idaho Code);
    (5)  Battery with the intent to commit a serious felony (section 18-911,
    Idaho Code);
    (6)  Felonious administering of drugs (sections 18-913 and 18-914, Idaho
    Code);
    (7)  Assault or battery upon certain personnel (section 18-915, Idaho
    Code);
    (8)  Removing a firearm from a law enforcement officer (section 18-915A,
    Idaho Code);
    (9)  Propelling bodily fluid or waste (section 18-915B, Idaho Code);
    (10) Domestic violence (section 18-918, Idaho Code, constituting a
    felony);
    (11) Burglary (sections 18-1401 and 18-1405, Idaho Code), except those
    convictions in which the defendant entered a retail mercantile
    establishment and the offense took place when the victim was open to the
    public for business and the defendant committed a theft and his actions
    did not constitute grand theft as defined in chapter 24, title 18, Idaho
    Code;
    (12) Injury to a child (section 18-1501(1), Idaho Code);
    (13) Sexual abuse of a child under the age of sixteen years (section
    18-1506, Idaho Code);
    (14) Ritualized abuse of a child (section 18-1506A, Idaho Code);
    (15) Possession of sexually exploitive material for other than a
    commercial purpose (section 18-1507A, Idaho Code);
    (16) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
    Code);
    (17) Sexual battery of a minor child sixteen or seventeen years of age
    (section 18-1508A, Idaho Code);
    (18) Enticing of children (sections 18-1509 and 18-1509A, Idaho Code);
    (19) Sale or barter of a child (section 18-1511, Idaho Code);
    (20) Possession of a controlled substance or dangerous weapon (section
    18-2511, Idaho Code);
    (21) False reports of explosives (section 18-3313, Idaho Code);
    (22) Unlawful possession of a firearm (section 18-3316, Idaho Code);
    (23) Unlawful discharge of a firearm (section 18-3317, Idaho Code);
    (24) Unlawful possession or use of bombs or destructive devices (sections
    18-3319 and 18-3320, Idaho Code);
    (25) Use of weapons of mass destruction (section 18-3322, Idaho Code);
    (26) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
    (27) Manslaughter (sections 18-4006(1) or (2) and 18-4007, Idaho Code);
    (28) Administering poison with intent to kill (section 18-4014, Idaho
    Code);
    (29) Assault with intent to murder (section 18-4015, Idaho Code);
    (30) Indecent exposure (section 18-4116, Idaho Code), constituting a
    felony;
    (31) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
    (32) Forest sabotage (section 18-4631, Idaho Code);
    (33) Mayhem (sections 18-5001 and 18-5002, Idaho Code);
    (34) Cannibalism (section 18-5003, Idaho Code);
    (35) Poisoning food, medicine or wells (section 18-5501, Idaho Code);
    (36) Interstate trafficking in prostitution (section 18-5601, Idaho Code);
    (37) Inducing a minor into prostitution (section 18-5609, Idaho Code);
    (38) Rape (section 18-6101, Idaho Code);
    (39) Male rape (sections 18-6108 and 18-6109, Idaho Code);
    (40) Sexual contact with a prisoner (section 18-6110, Idaho Code);
    (41) Video voyeurism (section 18-6609, Idaho Code);
    (42) Robbery (section 18-6501, Idaho Code);
    (43) Incest (section 18-6602, Idaho Code);
    (44) Crime against nature (section 18-6605, Idaho Code);
    (45) Forcible sexual penetration (section 18-6608, Idaho Code);
    (46) Removal, destruction or burning of electric lines or plants (sections
    18-6803, 18-6804 and 18-6805, Idaho Code);
    (47) Malicious injury to property (section 18-7001, Idaho Code),
    constituting a felony;
    (48) Injuring dams, canals or other structures (section 18-7019, Idaho
    Code);
    (49) Setting fire to underground workings of mines (sections 18-7024 and
    18-7025, Idaho Code);
    (50) Sabotage (section 18-7026, Idaho Code);
    (51) Aircraft hijacking (section 18-7501, Idaho Code);
    (52) Assault with intent to commit aircraft hijacking (section 18-7502,
    Idaho Code);
    (53) Threats made against airline passengers and other persons, commercial
    airline companies, or aircraft (section 18-7504, Idaho Code);
    (54) Racketeering (section 18-7804, Idaho Code);
    (55) Malicious harassment (sections 18-7902 and 18-7903, Idaho Code);
    (56) Stalking in the first degree (section 18-7905, Idaho Code);
    (57) Prohibited terrorist activities (section 18-8103, Idaho Code);
    (58) Providing material support to terrorists (section 18-8106, Idaho
    Code);
    (59) Prohibited employment of adult criminal sex offenders (section
    18-8327, Idaho Code);
    (60) Transfer of body fluid which may contain the HIV virus (section
    39-608, Idaho Code);
    (61) Failure to register as sex offender (sections 18-8304 and 18-8308,
    Idaho Code).
    (b)  In addition to those crimes enumerated in subsection (a) of this
section, any person, including any juvenile tried as an adult, who is
convicted for an attempt to commit any of the following crimes, regardless of
the form of judgment or withheld judgment, and regardless of the sentence
imposed or disposition rendered, shall be required to provide to the Idaho
state police, a DNA sample and a right thumbprint impression:
    (1)  Arson (sections 18-802 through 18-805, Idaho Code);
    (2)  Felonious administering of drugs (sections 18-913 and 18-914, Idaho
    Code);
    (3)  Assault or battery upon certain personnel (section 18-915, Idaho
    Code);
    (4)  Removing a firearm from a law enforcement officer (section 18-915A,
    Idaho Code);
    (5)  Propelling bodily fluid or waste (section 18-915B, Idaho Code);
    (6)  Sexual abuse of a child under the age of sixteen years (section
    18-1506, Idaho Code);
    (7)  Ritualized abuse of a child (section 18-1506A, Idaho Code);
    (8)  Injury to a child (section 18-1501(1), Idaho Code);
    (9)  Lewd conduct with minor child under sixteen (section 18-1508, Idaho
    Code);
    (10) Sexual battery of a minor child sixteen or seventeen years of age
    (section 18-1508A, Idaho Code);
    (11) Enticing of children (sections 18-1509 and 18-1509A, Idaho Code);
    (12) Sale or barter of a child (section 18-1511, Idaho Code);
    (13) Possession of a controlled substance or dangerous weapon (section
    18-2511, Idaho Code);
    (14) False reports of explosives (section 18-3313, Idaho Code);
    (15) Unlawful possession of a firearm (section 18-3316, Idaho Code);
    (16) Unlawful discharge of a firearm (section 18-3317, Idaho Code);
    (17) Unlawful possession or use of bombs or destructive devices (sections
    18-3319 and 18-3320, Idaho Code);
    (18) Use of weapons of mass destruction (section 18-3322, Idaho Code);
    (19) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
    (20) Administering poison with intent to kill (section 18-4014, Idaho
    Code);
    (21) Assault with intent to murder (section 18-4015, Idaho Code);
    (22) Indecent exposure (section 18-4116, Idaho Code), constituting a
    felony;
    (23) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
    (24) Forest sabotage (section 18-4631, Idaho Code);
    (25) Mayhem (section 18-5001, Idaho Code);
    (26) Cannibalism (section 18-5003, Idaho Code);
    (27) Poisoning food, medicine or wells (section 18-5501, Idaho Code);
    (28) Interstate trafficking in prostitution (section 18-5601, Idaho Code);
    (29) Inducing a minor into prostitution (section 18-5609, Idaho Code);
    (30) Rape (section 18-6101, Idaho Code);
    (31) Male rape (sections 18-6108 and 18-6109, Idaho Code);
    (32) Sexual contact with a prisoner (section 18-6110, Idaho Code);
    (33) Video voyeurism (section 18-6609, Idaho Code);
    (34) Robbery (section 18-6501, Idaho Code);
    (35) Incest (section 18-6602, Idaho Code);
    (36) Crime against nature (section 18-6605, Idaho Code);
    (37) Forcible sexual penetration (section 18-6608, Idaho Code);
    (38) Removal, destruction or burning of electric lines or plants (sections
    18-6803, 18-6804 and 18-6805, Idaho Code);
    (39) Malicious injury to property (section 18-7001, Idaho Code),
    constituting a felony;
    (40) Injuring dams, canals or other structures (section 18-7019, Idaho
    Code);
    (41) Setting fire to underground workings of mines (sections 18-7024 and
    18-7025, Idaho Code);
    (42) Sabotage (section 18-7026, Idaho Code);
    (43) Aircraft hijacking (section 18-7501, Idaho Code);
    (44) Assault with intent to commit aircraft hijacking (section 18-7502,
    Idaho Code);
    (45) Threats made against airline passengers and other persons, commercial
    airline companies, or aircraft (section 18-7504, Idaho Code);
    (46) Malicious harassment (sections 18-7902 and 18-7903, Idaho Code);
    (47) Stalking in the first degree (section 18-7905, Idaho Code);
    (48) Prohibited terrorist activities (section 18-8103, Idaho Code);
    (49) Providing material support to terrorists (section 18-8106, Idaho
    Code);
    (50) Prohibited employment of adult criminal sex offenders (section
    18-8327, Idaho Code);
    (51) Transfer of body fluid which may contain the HIV virus (section
    39-608, Idaho Code).
    (c)  This chapter's requirements for submission to tests and procedures
for obtaining a DNA sample and thumbprint impression from the persons
described above are mandatory and apply to those persons convicted of such
crimes covered in this chapter prior to its effective date, and who, as a
result of the offense, are incarcerated in a county jail facility or a penal
facility or are under probation or parole supervision after the effective date
of this chapter.
    (d)  The collection of samples and impressions specified in this chapter
are required regardless of whether the person previously has supplied a DNA
sample to law enforcement agencies in any other jurisdiction.
    (e)  The requirements of this chapter are mandatory and apply regardless
of whether a court advises a person that samples and impressions must be
provided to the databank and database as a condition of probation or parole.
    (f)  Unless the court determines that an order of restitution would be
inappropriate or undesirable, it shall order any person subject to the
provisions of this section to pay restitution to help offset costs incurred by
law enforcement agencies for the expense of DNA analysis.
    (g)  The court may order such person to pay restitution for DNA analysis
in an amount not to exceed five hundred dollars ($500) per DNA sample
analysis, or in the aggregate not more than two thousand dollars ($2,000),
regardless of whether:
    (1)  The source of the sample is the person, the victim or other persons
    of interest in the case;
    (2)  Results of the analysis are entered into evidence in the person's
    criminal case;
    (3)  The DNA sample was previously analyzed for another criminal case; or
    (4)  Restitution for that DNA sample analysis was ordered in any other
    criminal case.
    (h)  Law enforcement agencies entitled to restitution under this section
include the Idaho state police, county and city law enforcement agencies, the
office  of the attorney general, county prosecuting attorneys and city
attorneys.
    (i)  In the case of reimbursement for DNA analysis performed by the Idaho
state police, those moneys shall be paid to the Idaho state police and
deposited in the law enforcement fund. In the case of reimbursement to the
office of the attorney general, those moneys shall be paid to the general
fund.
    (j)  Persons who have been sentenced to death, or life without the
possibility of parole, or to any life or indeterminate term are not exempt
from the requirements of this chapter.