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(a) All designated offenders shall submit a DNA sample collected by a person authorized pursuant to section 4204, subsection (b), to determine identification characteristics specific to that person and to be included in the Database. The submission of a DNA sample is not stayed pending a motion for new trial, an appeal of a sentence, appeal to an appellate court or other post conviction motions or petitions.
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(b) Any person charged with or convicted of a designated offense before the effective date of this chapter and who is incarcerated on the date of enactment, shall submit a DNA sample, consistent with the provisions this chapter.
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(c) The Territorial Probation Office shall collect a DNA sample for each designated offender on probation, parole, or supervised release.
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(d) For each individual described in subsections (a) through (c), if the Virgin Islands DNA database or databank contains a DNA analysis with respect to that individual, the Attorney General, the Bureau of Corrections, the Territorial Probation Office or the Board of Parole may collect a DNA sample from that individual.
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(e) For purposes of this section, a DNA sample must be taken from the person using the “buccal swab” technique only.
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(f) Any person required to submit a DNA sample under this section and who refuses to submit the DNA sample is subject to punishment by a fine of not more than $1,000 or imprisonment for not more than five years or both such fine and imprisonment.