Supreme Court of Connecticut

State v. Banks

July 5, 2016

Summary

The concurrence agrees with the majority but separately argues that Connecticut should clarify the distinction between mandatory and directory statutory provisions. It would treat the DNA-sample requirement as mandatory because it uses "shall," imposes a substantive obligation on a private person, and serves important public-policy objectives, while recognizing that the separate question of whether the sample may be compelled by force is governed by the majority's analysis. Because the supplied opinion is a concurrence, it has no independent holding.