44-6-109. Restrictions for collection of DNA from minor by peace officer. A minor under 18 years of age may not have a DNA sample collected by a peace officer unless:

Terms Used In Montana Code 44-6-109

  • DNA: means deoxyribonucleic acid. See Montana Code 44-6-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Violent offense: has the meaning contained in 46-23-502. See Montana Code 44-6-101

(1) the minor was found under 41-5-1502 to have committed a sexual or violent offense;

(2) a parent or legal guardian has provided written permission; or

(3) a court of competent jurisdiction has issued an order for the collection of a DNA sample.