{"data":{"id":"us-ky/krs-17.170","jurisdiction":"us-ky","citation":"KRS 17.170","heading":"Maintenance of DNA samples collected before March 27, 2009 -- Persons","body":"required to provide DNA sample -- Persons and procedures authorized for\nDNA sample collection -- Administrative regulation -- Penalties for refusing to\nprovide DNA sample or tampering with samples or containers.\n(1) Any DNA sample collected pursuant to the law in effect prior to March 27, 2009,\nshall be maintained and used pursuant to this section and KRS 17.175 and 17.510.\n(2) The following persons shall have a DNA sample collected by authorized personnel:\n(a) Any person convicted on or after March 27, 2009, of a felony offense under\nthe Kentucky Revised Statutes; or\n(b) Any juvenile who was at least fourteen (14) years of age at the time of the\ncommission of the offense and who stand s adjudicated delinquent of being a\npublic offender by a court of competent jurisdiction, of:\n1. Any felony offense in KRS Chapter 510;\n2. Incest as defined in KRS 530.020;\n3. Criminal attempt or criminal conspiracy to commit an offense identified\nin subparagraph 1. or 2. of this paragraph; or\n4. Being a juvenile sexual offender under KRS 635.510.\n(3) Any person who is required to register as a sex offender under KRS 17.510 who is\nnot otherwise required to submit to a DNA sample collection under this sectio n or\nKRS 17.510, including those persons convicted of a felony or adjudicated as a\npublic offender on offenses in other jurisdictions as identified in KRS 17.510(6) and\n(7), shall have a DNA sample collected by authorized personnel.\n(4) Any person who is required to provide a DNA sample pursuant to subsection (2) of\nthis section and who is released from custody upon sentencing or adjudication shall\nimmediately report to the local probation and parole office and shall have a DNA\nsample collected by authorized personnel.\n(5) A DNA sample shall be obtained in an approved manner by authorized personnel, a\nphysician, registered nurse, phlebotomist, medical technician, or medical\ntechnologist, and packaged with supplies and containers provided by the\nDepartment of  Kentucky State Police forensic laboratory in accordance with\nadministrative regulations promulgated by the cabinet. No civil liability shall attach\nto any person authorized to obtain the DNA sample as provided by this section as a\nresult of the act of obt aining the DNA sample from any person, provided the\nprocedure was done according to administrative regulations by the cabinet.\n(6) Authorized personnel collecting DNA samples under this section or KRS 17.510\nare not engaging in the practice of medicine pursuant to KRS 311.550.\n(7) Any person required to provide a DNA sample under this section or KRS 17.510\nwho, after receiving notice of the requirement to provide a DNA sample, knowingly\nrefuses to provide such DNA sample, shall be guilty of a Class A misdemeanor for\neach separate violation of the offense.\n(8) Any person who tampers or attempts to tamper with any DNA sample collected\nunder this section or its container without lawful authority shall be guilty of a Class\nD felony.","path":["KRS Chapter 17"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1222","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:38Z","sha256":"d647f1abd52207e99d0220d21ce0f67ad711af7633292bc090f5f686e1ff1b31","source_id":"us-ky","stale":false,"prev":"us-ky/krs-17.169","next":"us-ky/krs-17.171"},"notice":"GroundRules: Original legal text. Not legal advice."}