§ 245.40 Non-testimonial evidence from the defendant.

1. Availability. After the filing of an accusatory instrument, and
subject to constitutional limitations, the court may, upon motion of the
prosecution showing probable cause to believe the defendant has
committed the crime, a clear indication that relevant material evidence
will be found, and that the method used to secure such evidence is safe
and reliable, require a defendant to provide non-testimonial evidence,
including to:

(a) Appear in a lineup;

(b) Speak for identification by a witness or potential witness;

(c) Be fingerprinted;

(d) Pose for photographs not involving reenactment of an event;

(e) Permit the taking of samples of the defendant's blood, hair, and
other materials of the defendant's body that involves no unreasonable
intrusion thereof;

(f) Provide specimens of the defendant's handwriting; and

(g) Submit to a reasonable physical or medical inspection of the
defendant's body.

2. Limitations. This section shall not be construed to alter or in any
way affect the issuance of a similar court order, as may be authorized
by law, before the filing of an accusatory instrument, consistent with
such rights as the defendant may derive from the state constitution or
the United States constitution. This section shall not be construed to
alter or in any way affect the administration of a chemical test where
otherwise authorized. An order pursuant to this section may be denied,
limited or conditioned as provided in section 245.70 of this article.