Criminal Code

Marginal note:Collection of additional bodily substances

• 487.091 (1) If a DNA profile could not be derived from the bodily substances that were taken from a person in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055, a provincial court judge may, on ex parte application made in Form 5.08 within a reasonable time after it is determined that the DNA profile could not be derived, grant an authorization in Form 5.09 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is required for that purpose, by means of the investigative procedures described in subsection 487.06(1).

• Marginal note:Reasons

  (2) The application shall state the reasons why a DNA profile could not be derived from the bodily substances that were taken from the person under the initial order or authorization.

• Marginal note:Persons not in custody

  (3) Subsections 487.055(4) to (10) apply, with any modifications that the circumstances require and without regard to the words “referred to in subsection (1) who is on conditional release” in subsection 487.055(4), in respect of any person who is not in custody and from whom bodily substances are authorized to be taken under this section.