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Senate Bill 116
By: Senators Bearden of the 30th, Robertson of the 29th, Payne of the 54th, Anavitarte of the
31st, Albers of the 56th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to DNA
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sampling, collection, and analysis, so as to require the collection of DNA samples from any2
individual in a detention facility charged with a misdemeanor or felony who is subject to an3
immigration detainer notice; to provide for related matters; to repeal conflicting laws; and4
for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to DNA sampling,8
collection, and analysis, is amended by revising Code Section 35-3-160, relating to DNA9
analysis in felony convictions and certain felony charges and performance of tests, as10
follows:11
"35-3-160.12
(a) As used in this article, the term:13
(1) 'Department' means the Department of Corrections.14
(2) 'Detention facility' means a penal institution under the jurisdiction of the department,15
including penal institutions operated by a private company on behalf of the department,16
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inmate work camps, inmate boot camps, probation detention centers, parole revocation
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centers, and
county jails, and municipal detention correctional facilities.18
(3) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of19
Investigation.20
(b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other21
noninvasive procedure from any individual:22
(A) Who has been convicted of a felony and is currently incarcerated in a detention23
facility, serving a probation sentence, or serving under the jurisdiction of the State24
Board of Pardons and Paroles for such felony;25
(B) Who has been charged with a felony, and sentence for such offense has been26
imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a)27
or (c) of Code Section 16-13-2; or28
(C) Who has been convicted of charged with a misdemeanor or felony and is subject29
to an immigration detainer notice as such term is defined in Code Section 42-1-11.5.30
(2) Unless a DNA sample has already been collected by the department or another31
agency or entity, each DNA sample required by paragraph (1) of this subsection shall be32
collected by the detention facility which is detaining or the entity which is supervising33
such individual, and the sample shall be forwarded to the division.34
(3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for35
a misdemeanor, to any individual who is charged with a misdemeanor and the sentence36
for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding37
first offenders, or because he or she has been charged with a misdemeanor.38
(c) DNA analysis shall be performed by the division. The division shall be authorized to39
contract with individuals or organizations for services to perform such analysis. The40
identifying characteristics of the profile resulting from the DNA analysis shall be stored41
and maintained by the bureau in a DNA data bank in accordance with Code42
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Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code
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Section 35-3-163."44
SECTION 2.45
All laws and parts of laws in conflict with this Act are repealed.46
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