Assigned to JUD AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2102
survival of action; deceased sheriff
(NOW: DNA collection; felony arrests; expungement)
Purpose
Requires a person who is arrested for any felony offense, rather than specific felony
offenses, to submit a sample of deoxyribonucleic acid (DNA) to the appropriate law enforcement
or criminal justice agency. Requires the agency that collects the DNA sample to provide specified
information related to expungement. Appropriates $1.1 million from the state General Fund to the
Department of Public Safety (DPS).
Background
Within 30 days after a person is sentenced to a term of imprisonment in the Arizona
Department of Corrections, Rehabilitation and Reentry, the Arizona Department of Juvenile
Corrections or a county jail, or is sentenced to a term of probation without imprisonment or
accepted under the interstate compact for the supervision of parolees and probationers, the
appropriate agency must secure a sufficient sample of blood or other bodily substances for DNA
testing. DNA must be collected from any person that is: 1) convicted of any felony offense;
2) adjudicated delinquent for specified offenses, including homicide, sexual offenses and burglary
offenses; and 3) arrested for homicide, certain sexual and prostitution offenses, burglary offenses
or a serious offense that is also a dangerous offense. DNA that is collected from a juvenile that is
charged with outlined offenses may only be used for: 1) law enforcement identification purposes;
2) a proceeding in a criminal prosecution or juvenile adjudication; and 3) a proceeding related to
sexually violent persons (A.R.S. § 13-610).
H.B. 2102 appropriates $1.1 million from the state General Fund to DPS for increased
crime lab costs associated with collecting more DNA samples for felony arrests.
Provisions
1. Requires DNA to be collected from a person that is arrested for any felony offense, rather than
a person arrested for specific felony offenses as outlined.
2. Appropriates $1.1 million from the state General Fund to DPS for DNA testing.
3. Requires the agency that is responsible for securing DNA samples to:
a) provide oral and written notice to each person who submits a sample that explains the
expungement process and that includes instructions on how to request an expungement;
and
b) post on the agency's website the eligibility criteria for expungement and the instructions on
how to request an expungement. FACT SHEET – Amended
H.B. 2102
Page 2
4. Requires a person released on their own recognizance or on bail, and who must submit to DNA
collection for a felony arrest to report to the arresting agency within five days, to submit a
sufficient DNA sample.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Appropriates $1.1 million from the state General Fund to DPS in FY 2023 for DNA testing.
2. Reinstates the statutory requirement that DNA be collected from juvenile offenders only for
certain offenses, rather than requiring DNA to be collected for any felony offenses.
3. Reinstates the statutory requirement that a juvenile offender submit DNA to a law enforcement
agency only if charged with outlined offenses, rather than requiring DNA submission if
arrested for the outlined offenses.
Senate Action
JUD 3/24/22 DPA/SE 7-0-1
Prepared by Senate Research
June 6, 2022
ZD/sr