Mont. Code Ann. » TITLE 44. LAW ENFORCEMENT · CHAPTER 6. DNA RECORDS · Part 1. DNA Index
Montana Code Annotated

Mont. Code Ann. § 44-6-103 (2026)

Collection Of Samples And Maintenance Of Data

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 44
  3. CHAPTER 6
  4. Part 1
  5. 44-6-103 Collection of samples and maintenance of data

TITLE 44. LAW ENFORCEMENT

CHAPTER 6. DNA RECORDS

Part 1. DNA Index

Collection Of Samples And Maintenance Of Data

44-6-103. Collection of samples and maintenance of data. (1) Following entry of judgment, a person convicted of a felony offense, a youth found under 41-5-1502 to have committed a sexual or violent offense, a defendant ordered under 46-18-202 to provide a biological sample for DNA testing, a person required to register as a sexual or violent offender under 46-23-504, or an adult offender convicted in another state and sentenced to death or imprisonment for more than 1 year who is subject to supervision by the department of corrections pursuant to the Interstate Compact for Adult Offender Supervision provided for in 46-23-1115 shall provide a biological sample for DNA analysis to determine identification characteristics specific to the person. The sample must be provided to the department of corrections if the person is incarcerated in a facility administered by the department of corrections. If the person is not incarcerated in a facility administered by the department of corrections, the sample must be provided to a person or entity designated by the county sheriff.

(2) The biological sample must be collected, stored, and sent by the department of corrections or the person or entity designated by the county sheriff under subsection (1) to the department for entry in the DNA identification index in accordance with rules adopted by the department with the advice of the department of public health and human services.

(3) The offender is responsible, if able to pay, for the cost of the collection of the sample. The fees charged for the collection may not exceed the actual costs of collection.

(4) The forensic DNA laboratory may perform DNA analysis only for those markers that have value for law enforcement identification purposes.

(5) The knowing refusal or failure to provide a biological sample under this part is grounds for revocation of a suspended or deferred imposition of sentence.

History: En. Sec. 3, Ch. 251, L. 1995; amd. Sec. 4, Ch. 147, L. 1999; amd. Sec. 3, Ch. 565, L. 2001; amd. Sec. 1, Ch. 125, L. 2011; amd. Sec. 1, Ch. 101, L. 2013.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1997–2023 · leading case: State v. Johnson, 2005 MT 48 (Mont. 2005).
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State v. Johnson, 2005 MT 48 (Mont. 2005). · cites it 14× “ISSUE ¶2 We restate the issue as follows: Is the Right to Privacy as guaranteed by Article II, Section 10, of the Montana Constitution violated when an incarcerated person convicted of non-violent felony offenses is ordered to submit a DNA sample pursuant to § 44-6-103, MCA?…”
Friedman v. Boucher, 580 F.3d 847 (9th Cir. 2009). · cites it 5× “Mont. Code Ann. § 44-6-103 . The crime to which Friedman pled guilty in 1980 was one of the predicate offenses.”
State v. R. Hinman, 2023 MT 116 (Mont. 2023). · cites it 3× “Section 44-6-103(1), MCA (1998). 5 The Department must release “any offender registration information that it possesses relevant to the public if the [D]epartment of [J]ustice or the registration agency determines that a registered offender is a risk to the safety of the…”
Friedman v. Boucher, 568 F.3d 1119 (9th Cir. 2009). · cites it 6× “Mont.Code Ann. § 44-6-103. The crime to which Friedman pled guilty in 1980 was one of the predicate offenses.”
State v. Ironmaker, 2005 MT 226N (Mont. 2005). · cites it 2× “In Johnson, we noted that a person convicted of a felony shall submit to DNA testing pursuant to § 44-6-103, MCA. As in Johnson, Ironmaker was convicted of a crime which meets the definition of a “felony offense” pursuant to § 44-6- 101(7), MCA.”
State v. Akane, 292 Mont. 1 (Mont. 1998). · cites it 2× “Further, pursuant to Section 44-6-103, M.C.A., the defendant shall provide a blood sample to be used for DNA testing.”
State v. Gibson, 2002 MT 87N (Mont. 2002). · cites it 2× “The court entered judgment on June 19, 1998, which revoked the suspension of the 1992 sentence and ordered Gibson to register as a sexual offender pursuant to §§ 46-23-504 through 506, MCA, and to provide a blood sample for DNA testing pursuant to § 44-6-103, MCA. ¶6 Gibson…”
State v. Ramming, 2005 MT 262N (Mont. 2005). · cites it 2× “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. Boucher, 2005 MT 227N (Mont. 2005). · cites it 2× “We do not reach the constitutional issues purportedly raised by Boucher for the same reason we declined to reach those in Johnson--i.”
State v. Olson, 2006 MT 225N (Mont. 2006). · cites it 2× “3d 485, ¶ 11 (“It is unclear to us whether Johnson intends his argument to be construed as a constitutional challenge to § 44-6-103, MCA. Assuming that he does, we cannot make such a determination on the basis of the abbreviated arguments before us.”
Friedman v. Boucher (9th Cir. 2009). · cites it 2× “Mont. Code Ann. § 44-6-103 . The crime to which Friedman pled guilty in 1980 was one of the predicate offenses.”
State v. Benjamin, 292 Mont. 67 (Mont. 1998). · cites it 3× “Further, the Defendant shall provide a blood sample to be used for DNA testing, pursuant to Section 44-6-103, MCA. Due to the Defendant’s failure to comply with the terms and conditions of his deferred sentence while under the supervision of the Department of Probation and…”
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Mont. Code Ann. § 44-6-103(1): 2 cases
State v. R. Hinman, 2023 MT 116 (Mont. 2023). “Section 44-6-103(1), MCA (1998). 5 The Department must release “any offender registration information that it possesses relevant to the public if the [D]epartment of [J]ustice or the registration agency determines that a registered offender is a risk to the safety of the…”
State v. Johnson, 2005 MT 48 (Mont. 2005). “ISSUE ¶2 We restate the issue as follows: Is the Right to Privacy as guaranteed by Article II, Section 10, of the Montana Constitution violated when an incarcerated person convicted of non-violent felony offenses is ordered to submit a DNA sample pursuant to § 44-6-103, MCA?…”
Mont. Code Ann. § 44-6-103(2): 2 cases
Friedman v. Boucher, 580 F.3d 847 (9th Cir. 2009). “Mont. Code Ann. § 44-6-103 . The crime to which Friedman pled guilty in 1980 was one of the predicate offenses.”
Friedman v. Boucher, 568 F.3d 1119 (9th Cir. 2009). “Mont.Code Ann. § 44-6-103. The crime to which Friedman pled guilty in 1980 was one of the predicate offenses.”
Mont. Code Ann. § 44-6-103(5): 2 cases
Friedman v. Boucher, 580 F.3d 847 (9th Cir. 2009). “Mont. Code Ann. § 44-6-103 . The crime to which Friedman pled guilty in 1980 was one of the predicate offenses.”
Friedman v. Boucher, 568 F.3d 1119 (9th Cir. 2009). “Mont.Code Ann. § 44-6-103. The crime to which Friedman pled guilty in 1980 was one of the predicate offenses.”
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