Arizona

Criminal Procedure

Rule 2.5 – Refusal to Provide a DNA Sample

If an arresting authority or custodial agency files a petition under penalty of perjury stating that a person in custody for an offense listed in A.R.S. ยง 13-610(O)(3) refused to provide buccal cells or other bodily substances for DNA testing, the court must order that the person appear at a designated time and place and permit the taking of buccal cells or other bodily substances for DNA testing. The arresting authority or custodial agency must serve the person with a copy of the court order before or at the time of taking the sample.

Ariz. R. Crim. P. 2.5

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 2.5, relating to alternative procedure for commencing misdemeanor actions triable in Superior Court, was abrogated effective January 1, 2018.