{"data":{"id":"us-in/ic-10-13-6-10","jurisdiction":"us-in","citation":"IC 10-13-6-10","heading":"Persons required to provide DNA sample; buccal swab; right to removal; probable cause required","body":"Sec. 10. (a) This section applies to the following:\n(1) A person arrested for a felony after December 31, 2017.\n(2) A person convicted of a felony under IC 35-42 (offenses against the person) or IC 35-43-2-1 (burglary):\n(A) after June 30, 1996, whether or not the person is sentenced to a term of imprisonment; or\n(B) before July 1, 1996, if the person is held in jail or prison on or after July 1, 1996.\n(3) A person convicted of a criminal law in effect before October 1, 1977, that penalized an act substantially similar to a felony described in IC 35-42 or IC 35-43-2-1 or that would have been an included offense of a felony described in IC 35-42 or IC 35-43-2-1 if the felony had been in effect:\n(A) after June 30, 1998, whether or not the person is sentenced to a term of imprisonment; or\n(B) before July 1, 1998, if the person is held in jail or prison on or after July 1, 1998.\n(4) A person convicted of a felony:\n(A) after June 30, 2005, whether or not the person is sentenced to a term of imprisonment; or\n(B) before July 1, 2005, if the person is held in jail or prison on or after July 1, 2005.\n(b) A person described in subsection (a) shall provide a DNA sample to the:\n(1) department of correction or the designee of the department of correction if the offender is committed to the department of correction;\n(2) county sheriff or the designee of the county sheriff if the offender is held in a county jail or other county penal facility, placed in a community corrections program (as defined in IC 35-38-2.6-2), placed on probation, or released on bond;\n(3) agency that supervises the person, or the agency's designee, if the person is on conditional release in accordance with IC 35-38-1-27; or\n(4) sheriff, in the case of a person arrested for a felony.\nA DNA sample provided under subdivision (4) may be obtained only by buccal swab. A person is not required to submit a blood sample if doing so would present a substantial and an unreasonable risk to the person's health.\n(c) The detention, arrest, or conviction of a person based on a data base match or data base information is not invalidated if a court determines that the DNA sample was obtained or placed in the Indiana DNA data base by mistake.\n(d) The officer, employee, or designee who obtains a DNA sample from a person under this section shall:\n(1) inform the person of the person's right to DNA removal under section 18 of this chapter; and\n(2) provide the person with instructions and a form that may be used for DNA removal.\n(e) This subsection applies only to a DNA sample provided by a person arrested for a felony. A person described in subsection (b)(1), (b)(2), (b)(3), or (b)(4) may not ship a DNA sample collected from a felony arrestee for DNA identification testing unless:\n(1) the arrestee was arrested pursuant to a felony arrest warrant; or\n(2) a court has found probable cause for the felony arrest.","path":["TITLE 10. PUBLIC SAFETY","ARTICLE 13. STATE POLICE DATA AND INFORMATION PROGRAMS","Chapter 6. Indiana DNA Data Base"],"source_url":"https://iga.in.gov/ic/2026/Title_10.html#10-13-6-10","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-11T05:25:42Z","sha256":"d183ea09f81bbab52ecf97bdab796d81368b69cb6f9c4000e4d0bddcb2b68f3f","source_id":"us-in","stale":false,"prev":"us-in/ic-10-13-6-9.5","next":"us-in/ic-10-13-6-11"},"notice":"GroundRules: Original legal text. Not legal advice."}