Massachusetts General Laws

Mass. Gen. Laws ch. 22E, § 3 (2026)

Submission of DNA sample

✓ current as of July 2026

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Section 3. (a) 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 or the commissioner of probation as a condition of probation forthwith upon conviction or, if sentenced to a term of imprisonment, the DNA sample shall be collected within 10 days of intake or return to the correctional facility to which the inmate has been sentenced. No person required to submit a DNA sample pursuant to this section shall be released from a correctional facility until a DNA sample has been collected.

(b) The trial court, the commissioner of probation and the department shall establish and implement a system for the electronic notification to the department whenever a person is convicted of an offense that requires the submission of a DNA sample under subsection (a). 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.

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1998–2025 · leading case: Doe v. Sex Offender Registry Bd., 459 Mass. 603 (Mass. 2011).

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Doe v. Sex Offender Registry Bd., 459 Mass. 603 (Mass. 2011). · cites it 2× “or, if incarcerated, before release from custody, whichever occurs first.”

Commonwealth v. Smith, 829 N.E.2d 1090 (Mass. 2005). · cites it 7× “The present appeal concerns the interpretation of the 2003 amendment to G. L. c. 22E, § 3, mandating submission of a deoxyribonucleic acid (DNA) sample to the State DNA database by any person “convicted of an offense that is punishable by imprisonment in the [S]tote prison.”

Landry v. Attorney Gen., 429 Mass. 336 (Mass. 1999). · cites it 3× “G. L. c. 22E, § 3. The Act further requires submission of a DNA sample from any person currently incarcerated, on probation, or on parole as the result of a conviction or judicial determination resulting from a charge of any of the listed offenses, notwithstanding the date of…”

Murphy v. Dep't of Corr., 711 N.E.2d 149 (Mass. 1999). · cites it 4× “22E, requires an individual convicted of any offense set out in G. L. c. 22E, § 3, to provide a DNA sample to be included in the State’s DNA database.”

Commonwealth v. Bizanowicz, 945 N.E.2d 356 (Mass. 2011). · cites it 2× “Exclusion of DNA evidence from convicted offenders was surely not the result intended by the Legislature in enacting G. L. c. 22E, § 3, to create a database designed to aid law enforcement personnel in investigating serious crimes.”

Commonwealth v. McLeod, 771 N.E.2d 142 (Mass. 2002). “22E, provides that any person who has been convicted of a crime listed in G. L. c. 22E, § 3, “who is incarcerated .”

Commonwealth v. Lunden, 87 Mass. App. Ct. 823 (Mass. App. Ct. 2015). · cites it 3× “At that time, G. L. c. 22E, § 3, listed thirty-three specific offenses for which a DNA sample from a convicted person then serving a sentence could be obtained.”

Commonwealth v. Dixon, 938 N.E.2d 878 (Mass. 2010). “10 *450 At some time before July, 2008, Jerry Dixon, while serving a prison sentence for an unrelated crime, provided a DNA sample to the State police crime laboratory as required by G. L. c. 22E, § 3. 11 Analysts generated a DNA profile of Dixon, which was thereafter entered…”

Polston v. State, 201 S.W.3d 406 (Ark. 2005). “, Public Safety § 2-504 ); Massachusetts (Mass. Gen. Laws ch. 22E, § 3); Michigan ( Mich.”

Commonwealth v. Ware, 913 N.E.2d 869 (Mass. App. Ct. 2009). “497, 497 (2005), where the Supreme Judicial Court addressed whether the reference in the deoxyribonucleic acid (DNA) sample statute to “an offense that is punishable by imprisonment in the [SJtate prison,” G. L. c. 22E, § 3, included District Court convictions.”

Commonwealth v. Taskey, 941 N.E.2d 713 (Mass. App. Ct. 2011). “4 Pursuant to G. L. c. 22E, § 3, convicted felons must provide a DNA sample for input into the CODIS database.”

Commonwealth v. Abrahams, 6 N.E.3d 1095 (Mass. App. Ct. 2014). “The defendant filed a motion to suppress the DNA results obtained from the November, 2005, blood sample and all fruits thereof, including the DNA evidence obtained from the court-ordered buccal swab, on the ground that the collection of his blood was not authorized by either of…”

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— Mass. Gen. Laws ch. 22E, § 3(a) — 1 case

Commonwealth v. S. John Carey (Mass. Super. Ct. 2025).

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