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The House Committee on Public Safety and Homeland Security offers the following
substitute to SB 29:
A BILL TO BE ENTITLED
AN ACT
To amend Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated,1
relating to DNA sampling, collection, and analysis, so as to provide for the collection of2
DNA samples from individuals who are arrested for the commission of a serious violent3
felony; to revise provisions relating to the collection of DNA samples; to revise provisions4
relating to the destruction of certain DNA profiles; to provide for short title; to provide for5
related matters; to provide for contingent effectiveness upon appropriation of funds; to repeal6
conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "Ashley Spence Act."10
SECTION 2.11
Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to12
DNA sampling, collection, and analysis, is amended by revising Code Section 35-3-160,13
relating to DNA analysis in felony convictions and certain felony charges and performance14
of tests, as follows:15
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"35-3-160.16
(a) As used in this article, the term:17
(1) 'Department' means the Department of Corrections.18
(2) 'Detention facility' means a penal institution under the jurisdiction of the department,19
including penal institutions operated by a private company on behalf of the department,20
inmate work camps, inmate boot camps, probation detention centers, parole revocation21
centers, and county correctional facilities any place of confinement for adult individuals22
accused of, convicted of, or adjudicated for violating a law of this state or an ordinance23
of a political subdivision of this state.24
(3)(2) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of25
Investigation bureau.26
(3) 'Serious violent felony' shall have the same meaning as set forth in Code27
Section 17-10-6.1.28
(b)(1) A Except as provided in paragraph (3) of this subsection, a sample of29
deoxyribonucleic acid (DNA) shall be collected by oral swab or other noninvasive30
procedure from any individual:31
(A) Who has been convicted of a felony and is currently incarcerated in a detention32
facility, serving a probation sentence, or serving under the jurisdiction of the State33
Board of Pardons and Paroles for such felony;34
(B) Who has been charged with a felony, and sentence for such offense has been35
imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a)36
or (c) of Code Section 16-13-2; or37
(C) Who has been convicted of a felony and is subject to an immigration detainer38
notice as such term is defined in Code Section 42-1-11.5; or39
(D) Who has been arrested for the commission of a serious violent felony in this state.40
(2) Unless a DNA sample has already been collected by the department or another41
agency or entity, each Each DNA sample required by paragraph (1) of this subsection42
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shall be collected by the detention facility which is detaining or the entity which is43
supervising such individual, and the DNA sample shall be forwarded to the division.44
(3) No DNA sample shall be required to be collected under this Code section from any45
individual for whom a DNA sample has already been received by the division and that46
has not been destroyed pursuant to Code Section 35-3-165.47
(3)(4) Paragraph (1) of this subsection shall not apply to any individual for a conviction48
for a misdemeanor, to any individual who is charged with a misdemeanor and the49
sentence for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 4250
regarding first offenders, or because he or she has been charged with a misdemeanor.51
(c) DNA analysis shall be performed by the division. The division shall be authorized to52
contract with individuals or organizations for services to perform such analysis. The53
identifying characteristics of the profile resulting from the DNA analysis shall be stored54
and maintained by the bureau in a DNA data bank in accordance with Code55
Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code56
Section 35-3-163."57
SECTION 3.58
Said article is further amended by revising Code Section 35-3-161, relating to time and59
procedure for withdrawal of blood samples, as follows:60
"35-3-161.61
(a) Each DNA sample required pursuant to Code Section 35-3-160 from persons62
individuals who are arrested or to be incarcerated shall be collected at the time such63
individuals are received, booked, or otherwise processed by the detention facility64
withdrawn within the first 30 days of incarceration at the receiving unit of the detention65
facility or at such other place as is designated by the department. Each DNA sample66
required pursuant to Code Section 35-3-160 from persons individuals who are to be67
released from a detention facility shall be withdrawn within the 12 months preceding such68
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person's release at a place designated by the department individual's release. The required69
DNA samples from persons who are not sentenced to a term of confinement shall be70
withdrawn as a condition of probation. The division shall publish in its quality manuals71
the procedures for the collection and transfer of DNA samples to such division pursuant72
to Code Section 35-3-154. Personnel at a detention facility shall implement the provisions73
of this Code section as part of the regular processing of offenders.74
(b) Samples DNA samples collected by oral swab or by a noninvasive procedure may be75
collected by any individual who has been trained in the procedure. Only a correctional76
health nurse technician, physician, registered professional nurse, licensed practical nurse,77
graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be78
submitted for DNA analysis. No civil liability shall attach to any person authorized to take79
a DNA sample as provided in this article as a result of the act of taking a DNA sample from80
any person submitting thereto, provided that the DNA sample was taken according to81
recognized medically accepted procedures. However, no person shall be relieved from82
liability for negligence in the withdrawing of any blood sample and chemically clean sterile83
disposable needles shall be used for the withdrawal of all blood samples.84
(c) Chemically clean sterile disposable needles shall be used for the withdrawal of all85
samples of blood. The containers for blood DNA samples, oral swabs, and the samples86
obtained by noninvasive procedures collected pursuant to this article shall be sealed and87
labeled with the subject's name, social security number, date of birth, race, and gender plus88
the name of the person collecting the DNA sample and the date and place of collection. 89
The containers shall be secured to prevent tampering with the contents. The steps set forth90
in this subsection relating to the taking, handling, identification, and disposition of DNA91
samples are procedural and not substantive. Substantial compliance therewith shall be92
deemed to be sufficient. The DNA samples collected pursuant to this article shall be93
transported to the division not more than 15 days following withdrawal the date of94
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collection and shall be analyzed and stored in the DNA data bank in accordance with Code95
Sections 35-3-162 and 35-3-163.96
(d) Personnel at a detention facility shall implement the provisions of this Code section as97
part of the regular processing of arrested or incarcerated individuals."98
SECTION 4.99
Said article is further amended by revising Code Section 35-3-165, relating to expungement100
of DNA profile in data bank and requirements, as follows:101
"35-3-165.102
(a) The bureau shall purge all records and identifiable information in the data bank103
pertaining to the DNA profile of the individual and shall destroy all such DNA samples104
collected from such individual within 30 days of the receipt of:105
(1) A a certified copy of the applicable:106
(A) Court order or documentation from the prosecuting attorney or arresting law107
enforcement agency stating that the charges for which the DNA profile was created108
were dismissed; or109
(1)(B) Court order reversing the conviction of the charges for which the DNA profile110
was created together with a court order or documentation from the prosecuting attorney111
stating that the charges were dismissed;112
(2) Judgment of acquittal of the charges for which the DNA profile was created;113
(3) Sentencing order showing that all of the felony charges for which the DNA profile114
was created were reduced to misdemeanors; or115
(4) Court order showing the successful completion of the a sentence relating to the116
charges for which the DNA profile was created that was imposed pursuant to Article 3117
of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2;118
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(5) Documentation from the prosecuting attorney that the applicable statute of limitations119
for each of the offenses relating to the charges for which the DNA profile was created has120
expired and that no such charges remain pending; or121
(6) A combination of any of the above that provides satisfactory proof that none of the122
charges for which the DNA profile was created remain pending and that the individual123
has not been convicted of any such charges or that the individual has completed a124
sentence relating to any such charges that was imposed pursuant to Article 3 of Chapter125
8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2.126
(b) A DNA sample obtained in good faith shall be deemed to have been obtained in127
accordance with the requirements of this article and its use in accordance with this article128
shall be authorized until it is expunged as set forth in subsection (a) of this Code section."129
SECTION 5.130
This Act shall become effective on July 1, 2028, only if funds are specifically appropriated131
for the purposes of this Act and shall become effective when funds so appropriated become132
available for expenditure.133
SECTION 6.134
All laws and parts of laws in conflict with this Act are repealed.135
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