Vermont Statutes Annotated

Vt. Stat. Ann. tit. 20, § 1935 (2026)

✓ current as of May 2026
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Subchapter 004 : STATE DNA DATABASE AND STATE DATA BANK

(Cite as: 20 V.S.A. § 1935)
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2007–2021 · leading case: State v. Martin, 2008 VT 53 (Vt. 2008).
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State v. Martin, 2008 VT 53 (Vt. 2008). · cites it 5× “See 20 V.S.A. § 1935(a) ("If a person who is required to provide a DNA sample under this subchapter *1148 refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person…”
State v. Wigg, 2007 VT 48 (Vt. 2007). · cites it 3× “Attached to its motion, the State submitted the signed Refusal Form, the notice form, and an affidavit from the DOC employee who had attempted to collect defendant's DNA. Based on these supporting materials, the district court granted the State's motion, subject to defendant's…”
State v. Ritter, 2008 VT 72 (Vt. 2008). · cites it 3× “See 20 V.S.A. § 1935. He contends on appeal that the Vermont Public Defender Act, 13 V.”
State v. Medina, 2014 VT 69 (Vt. 2014). “This string of numbers and letters constitutes the “profile” that is uploaded to the state and federal (CODIS) data banks. ¶ 11. Defendants in these cases have all been arraigned on qualifying charges and subsequently refused to give a DNA sample.”
State v. Joseph Leland Bruyette, 2021 VT 43 (Vt. 2021). · cites it 2× “While defendant testified that these samples were for the Vermont DNA database, the court explained that there was inconclusive evidence to find that either sample was taken for submission to the Vermont database.”
State v. Wigg, 2007 VT 48 (Vt. 2007). · cites it 2× “20 V.S.A. § 1935 (2000). Attached to its motion, the State submitted the signed Refusal Form, the notice form, and an affidavit from the DOC employee who had attempted to collect defendant’s DNA.”
Bruyette v. Menard (Vt. Super. Ct. 2019). · cites it 5× “Bruyette argues that, by statute, if the DOC seeks a DNA sample despite his refusal, it must file an action seeking to compel him to provide one pursuant to 20 V.S.A. § 1935. He has filed a motion for summary judgment seeking an order (characterized as mandamus) compelling the…”
State v. Martin (Vt. 2008). · cites it 3× “See 20 V.S.A. § 1935(a) (“If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person to…”
— Vt. Stat. Ann. tit. 20, § 1935(a) — 3 cases
State v. Martin, 2008 VT 53 (Vt. 2008). “See 20 V.S.A. § 1935(a) ("If a person who is required to provide a DNA sample under this subchapter *1148 refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person…”
Bruyette v. Menard (Vt. Super. Ct. 2019). “Bruyette argues that, by statute, if the DOC seeks a DNA sample despite his refusal, it must file an action seeking to compel him to provide one pursuant to 20 V.S.A. § 1935. He has filed a motion for summary judgment seeking an order (characterized as mandamus) compelling the…”
State v. Martin (Vt. 2008). “See 20 V.S.A. § 1935(a) (“If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person to…”
— Vt. Stat. Ann. tit. 20, § 1935(b) — 5 cases
State v. Martin, 2008 VT 53 (Vt. 2008). “See 20 V.S.A. § 1935(a) ("If a person who is required to provide a DNA sample under this subchapter *1148 refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person…”
State v. Wigg, 2007 VT 48 (Vt. 2007). “Attached to its motion, the State submitted the signed Refusal Form, the notice form, and an affidavit from the DOC employee who had attempted to collect defendant's DNA. Based on these supporting materials, the district court granted the State's motion, subject to defendant's…”
State v. Medina, 2014 VT 69 (Vt. 2014). “This string of numbers and letters constitutes the “profile” that is uploaded to the state and federal (CODIS) data banks. ¶ 11. Defendants in these cases have all been arraigned on qualifying charges and subsequently refused to give a DNA sample.”
State v. Wigg, 2007 VT 48 (Vt. 2007). “20 V.S.A. § 1935 (2000). Attached to its motion, the State submitted the signed Refusal Form, the notice form, and an affidavit from the DOC employee who had attempted to collect defendant’s DNA.”
State v. Martin (Vt. 2008). “See 20 V.S.A. § 1935(a) (“If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person to…”
— Vt. Stat. Ann. tit. 20, § 1935(c) — 1 case
State v. Ritter, 2008 VT 72 (Vt. 2008). “See 20 V.S.A. § 1935. He contends on appeal that the Vermont Public Defender Act, 13 V.”
— Vt. Stat. Ann. tit. 20, § 1935(f) — 1 case
Bruyette v. Menard (Vt. Super. Ct. 2019). “Bruyette argues that, by statute, if the DOC seeks a DNA sample despite his refusal, it must file an action seeking to compel him to provide one pursuant to 20 V.S.A. § 1935. He has filed a motion for summary judgment seeking an order (characterized as mandamus) compelling the…”
— Vt. Stat. Ann. tit. 20, § 1935(g) — 2 cases
State v. Martin, 2008 VT 53 (Vt. 2008). “See 20 V.S.A. § 1935(a) ("If a person who is required to provide a DNA sample under this subchapter *1148 refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person…”
State v. Martin (Vt. 2008). “See 20 V.S.A. § 1935(a) (“If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person to…”
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