Conn. Crim. Jury Instr. 8.9-6

The defendant is charged [in count__] with refusal to submit a sample for DNA testing. The

statute defining this offense reads in pertinent part as follows:

any person who (refuses to submit to the taking of a blood or other biological sample

/ wilfully fails to appear at the time and place specified for the taking of a blood or

other biological sample) shall be guilty.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Test required

The first element is that the defendant was required to submit to the taking of a blood or other

biological sample for DNA analysis. A person is required to submit to such a test after being

convicted of certain crimes, including <insert appropriate crime.> The defendant is alleged to

have been convicted of <insert crime>. To be “convicted” of a crime means that a finding of

guilty has been entered against a defendant in a criminal or motor vehicle case.

Element 2 - Refused

The second element is that the defendant

• refused to submit to the test.

• wilfully failed to appear at the time and place specified for the test. An act is done

wilfully if done knowingly, intentionally, and deliberately.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was required

to submit to the taking of a blood or other biological sample for DNA analysis, and 2) (he/she)

(refused to submit to the test / wilfully failed to appear for the test).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of noncompliance with DNA sampling, then you shall find the defendant guilty. On the other

hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of

the elements, you shall then find the defendant not guilty.

1 The state must prove that the defendant qualifies for the appropriate status, but not the

underlying applicable predicate. The court should inquire whether the parties are willing to

stipulate that the defendant had been convicted of the relevant offense. The statute also applies

to defendants who have been found not guilty by reason of mental disease or defect of certain

crimes. Tailor this element accordingly.