Minnesota Statutes

Minn. Stat. § 299C.105 (2026)

Dna Data Required

✓ current as of May 2026

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Subdivision 1.Required collection of biological specimen for DNA testing.

(a) Sheriffs, peace officers, and community corrections agencies operating secure juvenile detention facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis as defined in section 299C.155, of the following:

(1) persons having been convicted of or attempting to commit any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24, aggravated robbery under section 609.245, or carjacking under section 609.247;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision 3a; or

(3) juveniles having been adjudicated delinquent for committing or attempting to commit any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24, aggravated robbery under section 609.245, or carjacking under section 609.247;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours the biological specimen required under paragraph (a) must be forwarded to the bureau in such a manner as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological specimen is taken on a person described in paragraph (a).

Subd. 2.Law enforcement training; duties.

(a) The persons who collect the biological specimens required under subdivision 1 must be trained to bureau-established standards in the proper method of collecting and transmitting biological specimens.

(b) A law enforcement officer who seeks to collect a biological specimen from a juvenile pursuant to subdivision 1 must notify the juvenile's parent or guardian prior to collecting the biological specimen.

Subd. 3.Bureau duty.

(a) The bureau shall destroy the biological specimen and return all records to a person who submitted a biological specimen under subdivision 1 but who was found not guilty of a felony. Upon the request of a person who submitted a biological specimen under subdivision 1 but where the charge against the person was later dismissed, the bureau shall destroy the person's biological specimen and return all records to the individual.

(b) If the bureau destroys a biological specimen under paragraph (a), the bureau shall also remove the person's information from the bureau's combined DNA index system and return all related records and all copies or duplicates of them.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2006–2024 · leading case: In Re Welfare of C.T.L., 722 N.W.2d 484 (Minn. Ct. App. 2006).

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In Re Welfare of C.T.L., 722 N.W.2d 484 (Minn. Ct. App. 2006). · cites it 50× “Appellant moved for an order requiring respondent to provide a biological specimen for the purpose of DNA analysis pursuant to Minn.Stat. § 299C.105 (Supp.2005). Respondent challenged the constitutionality of Minn.”

State v. Johnson, 813 N.W.2d 1 (Minn. 2012). · cites it 2× “The portions of Minn.Stat. § 299C.105 (2010) at issue in C.”

King v. State, 42 A.3d 549 (Md. 2012). · cites it 2× “[27] The certified question was Do the portions of Minn.Stat. § 299C.105, subd. 1(a)(1) and (3) (Supp.”

In re Timothy Leslie, Dakota Cnty. Sheriff, State of Minnesota v. John David Emerson, 889 N.W.2d 13 (Minn. 2017). · cites it 10× “At Emerson’s first appearance, and upon his counsel’s oral motion, the district court issued an oral order restraining Timothy Leslie, the Dakota County Sheriff (the Sheriff), from collecting Emerson’s deoxy-ribonucleic acid (DNA) for law enforcement identification purposes…”

State v. Johnson, 777 N.W.2d 767 (Minn. Ct. App. 2010). · cites it 4× “, we held that a judicial finding of probable cause that a felony has been committed was not, by itself, sufficient to justify DNA collection pursuant to Minn.Stat. § 299C.105, subd. 1 (Supp. 2005).”

In re the Welfare of M.L.M., 813 N.W.2d 26 (Minn. 2012). · cites it 2× “The portions of Minn.Stat. § 299C.105 (2010) at issue in C.”

In re Timothy Leslie, Dakota Cnty. Sheriff, State of Minnesota v. John David Emerson (Minn. 2017). · cites it 7× “At Emerson’s first appearance, and upon his counsel’s oral motion, the district court issued an oral order restraining Timothy Leslie, the Dakota County Sheriff (the Sheriff), from collecting Emerson’s deoxyribonucleic acid (DNA) for law enforcement identification purposes under…”

State of Minnesota v. Seneca Warrior Steeprock (Minn. Ct. App. 2024). · cites it 2× “8 Seven years before the Supreme Court’s decision in King, this court considered the constitutionality of Minn. Stat. § 299C.105 (Supp. 2005), which required “law-enforcement personnel to take biological specimens from juveniles and adults who have had a probable-cause…”

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