Montana Code Annotated

Mont. Code Ann. § 44-6-101 (2026)

Definitions

✓ current as of May 2026

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TITLE 44. LAW ENFORCEMENT

CHAPTER 6. DNA RECORDS

Part 1. DNA Index

Definitions

44-6-101. Definitions. As used in this part, the following definitions apply:

(1) "Biological sample" means cheek cells removed by using a buccal swab of a type authorized by the department or a vial or other container of blood.

(2) "Department" means the department of justice provided for in 2-15-2001.

(3) "DNA" means deoxyribonucleic acid.

(4) "DNA identification index" means the DNA identification record system established under 44-6-102.

(5) "DNA record" means DNA identification information stored in the DNA identification index for purposes of establishing identification in connection with law enforcement investigations or supporting statistical interpretation of the results of DNA analysis. The DNA record is considered the objective form of the results of a DNA analysis, such as the numerical representation of DNA fragment lengths, autoradiographs and the digital image of autoradiographs, and discrete allele assignment numbers.

(6) "DNA testing" means DNA analysis of materials derived from the human body for the purposes of identification consistent with this part.

(7) "Felony offense" means any offense under the Montana Code Annotated for which the maximum potential sentence under statute is death or imprisonment in a state prison for a term exceeding 1 year.

(8) "Forensic DNA laboratory" means any laboratory operated by state government that performs DNA analysis on materials derived from the human body for use as evidence in a criminal proceeding or for purposes of identification.

(9) "Marker" means a method of describing individuals by genetic profile, such as blood or DNA type, and has the specific meaning given to the word by department rule, which must take into account the meaning generally given to the word for forensic typing by DNA technologists.

(10) "Sexual offense" means the offenses contained in the definition of that term in 46-23-502.

(11) "Violent offense" has the meaning contained in 46-23-502.

History: En. Sec. 1, Ch. 251, L. 1995; amd. Sec. 2, Ch. 375, L. 1997; amd. Sec. 2, Ch. 147, L. 1999; amd. Sec. 1, Ch. 565, L. 2001; amd. Sec. 1, Ch. 155, L. 2005.

Notes of Decisions

Cited in 6 cases, 1996–2005 · leading case: State v. Johnson, 2005 MT 48 (Mont. 2005).

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State v. Johnson, 2005 MT 48 (Mont. 2005). · cites it 4× “The State notes that under § 44-6-103(1), MCA, a person convicted of a felony offense is required provide a biological sample for DNA testing, and that, pursuant to the definition found at § 44-6-101(7), MCA, a burglary is such a felony.”

State v. Notti, 2003 MT 170 (Mont. 2003). “Rather, the testimonial and documentary evidence suggests that, instead, the Crime Lab maintained a “suspect database” separate from the DNA Identification Index, and that comparisons of DNA profiles in the “suspect database” and the “forensic unknown database” led to the DNA…”

State v. Gibson, 2002 MT 87N (Mont. 2002). · cites it 2× “See Compilers Comments to § 44-6-101, MCA (1997). The court determined that DNA sampling does not increase the severity of the criminal punishment, which is key to this Court’s ex post facto analysis.”

State v. Ramming, 2005 MT 262N (Mont. 2005). · cites it 2× “As in Johnson, Ramming was convicted of crimes each of which meets the definition of a “felony offense” pursuant to § 44-6-101(7), MCA. We do not reach the constitutional issues purportedly raised by Ramming for the same reason we declined to reach those in Johnson--i.”

State v. Craft, 281 Mont. 40 (Mont. 1996). · cites it 2× “, and shall submit to the collection of a sample of his blood for the State DNA Registration, pursuant to Section 44-6-101 et seq. The Court further finds that the defendant shall be ineligible for parole consideration until he has completed all phases of the anger management…”

State v. Craft, 281 Mont. 41 (Mont. 1996). · cites it 2× “, and shall submit to the collection of a sample of his blood for the State DNA Registration, pursuant to Section 44-6-101 et seq. The Court further finds that the defendant shall be ineligible for parole consideration until he has completed all phases of the anger management…”

— Mont. Code Ann. § 44-6-101(7) — 2 cases

State v. Johnson, 2005 MT 48 (Mont. 2005). “The State notes that under § 44-6-103(1), MCA, a person convicted of a felony offense is required provide a biological sample for DNA testing, and that, pursuant to the definition found at § 44-6-101(7), MCA, a burglary is such a felony.”

State v. Ramming, 2005 MT 262N (Mont. 2005). “As in Johnson, Ramming was convicted of crimes each of which meets the definition of a “felony offense” pursuant to § 44-6-101(7), MCA. We do not reach the constitutional issues purportedly raised by Ramming for the same reason we declined to reach those in Johnson--i.”

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