29-4106 Person subject to DNA sample; payment of costs. - Nebraska Statutes

29-4106. Person subjectto DNA sample; payment of costs.(1) A person who is convicted of a felony offense or other specified offense on orafter July 15, 2010, who does nothave a DNA sample available for use in the State DNA Sample Bank, shall, at his or her own expense, havea DNA sample collected:(a) Upon intake to a prison, jail, or other detention facilityor institution to which such person is sentenced. If the person is alreadyconfined at the time of sentencing, the person shall have a DNA sample collectedimmediately after the sentencing. Such DNA samples shall be collected at theplace of incarceration or confinement. Such person shall not be released unlessand until a DNA sample has been collected; or(b) As a condition for any sentence which will not involvean intake into a prison, jail, or other detention facility or institution.Such DNA samples shall be collected at a detention facility or institutionas specified by the court. Such person shall not be released unless and untila DNA sample has been collected.(2) A person who has been convicted of a felony offense or other specifiedoffense before July 15, 2010, who does nothave a DNA sample available for use in the State DNA Sample Bank, and whois still serving a term of confinement orprobation for such felony offense or other specified offense on July 15, 2010, shall not bereleased prior to the expiration of his or her maximum term of confinement or revocation or discharge from his orher probation unless and until a DNA sample has been collected.(3) A person who is servinga term of probation and has a DNA sample collected pursuant to this sectionshall pay all costs associated with the collection of the DNA sample. SourceLaws 1997, LB 278, § 6; Laws 2006, LB 385, § 7; Laws 2006, LB 1113, § 32; Laws 2010, LB190, § 5.Effective Date: July 15, 2010