8.9-6  Noncompliance with DNA Sampling -- § 54-102g (g)

Revised to June 13, 2008

The defendant is charged [in count __] with refusal to submit a sample for DNA testing.  The statute defining this offense reads in pertinent part as follows:

any person who refuses to submit to the taking of a blood or other biological sample pursuant to this section shall be guilty.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Test required
The first element is that the defendant was required to submit to the taking of a blood or other biological sample for DNA analysis.  A person is required to submit to such a test when <insert appropriate subsection:>¹

• § 53a-102g (a):  (he/she) has been convicted of a (criminal offense against a minor / nonviolent sexual offense / sexually violent offense / felony) and is in the custody of the commissioner of correction.

• § 53a-102g (b):  (he/she) has been convicted of a (criminal offense against a minor / nonviolent sexual offense / sexually violent offense / felony) and is not sentenced to a term of confinement.

• § 53a-102g (c):  (he/she) has been found not guilty of a (criminal offense against a minor / nonviolent sexual offense / sexually violent offense / felony) by reason of mental disease or defect and is in custody.

• § 53a-102g (d):  (he/she) is serving probation or parole following the conviction of a (criminal offense against a minor / nonviolent sexual offense / sexually violent offense / felony).

• § 53a-102g (e):  (he/she) has been convicted or found not guilty by reason of mental disease or defect in another jurisdiction for a crime, the elements of which are substantially the same as a (criminal offense against a minor / nonviolent sexual offense / sexually violent offense / felony), and is (in the custody of the commissioner of correction / on probation / on parole / in the custody of the Psychiatric Security Review Board).

<Insert applicable definitions:>

• A "criminal offense against a minor" is <insert applicable offense from § 54-250 (2)>.

• A "nonviolent sexual offense" is <insert applicable offense from § 54-250 (5)>.

• A "sexually violent offense" is  <insert applicable offense from § 54-250 (11)>.

• A "felony" is an offense for which a person may be sentenced to a term of imprisonment in excess of one year.

Element 2 - Refused to submit
The second element is  that the defendant refused to submit to the test.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was required to submit to the taking of a blood or other biological sample for DNA analysis, and 2) (he/she) refused to do so.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of noncompliance with DNA sampling, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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¹ The state must prove that the defendant qualifies for the appropriate status, but not the underlying applicable predicate.  The court should inquire whether the parties are willing to stipulate that the defendant had been convicted of the relevant offense.

Commentary

The statute requires DNA testing of defendants convicted of certain crimes and criminalizes the refusal to submit to such a test.  Tailor the instruction to the particular status of the defendant.