SB29: SB29 DNA Sampling, Collection, and Analysis; collection of DNA samples of individuals arrested for the commission of a felony at the time such individuals are booked or otherwise processed by a detention facility; provide

Current Georgia law (O.C.G.A. § 35-3-160) requires DNA collection from people convicted of felonies or facing certain drug and probation sentences, but not from everyone arrested. This bill adds a new category: individuals arrested for a 'serious violent felony,' a term defined elsewhere in Georgia law (O.C.G.A. § 17-10-6.1), covering crimes like murder, armed robbery, and rape. Their DNA would be collected by oral swab or another noninvasive method at the time they are booked or processed at a detention facility, rather than waiting weeks after incarceration begins. The bill also revises the timing rules for collecting DNA from people already covered by the law, updates the process for destroying DNA profiles when charges are dismissed or a person is acquitted, and requires the state to pay for prepaid DNA collection kits sent to law enforcement. The changes would not take effect until July 1, 2028, and only if the General Assembly specifically appropriates funding for the program.

• Adds people arrested (not yet convicted) for a serious violent felony, as defined in O.C.G.A. § 17-10-6.1, to the list of people from whom DNA must be collected.
• Requires DNA samples from newly arrested individuals to be taken at booking or processing by the detention facility, rather than within the first 30 days of incarceration.
• Blocks duplicate DNA collection by exempting anyone whose sample is already on file with the Division of Forensic Sciences and has not been destroyed.
• Revises the process for destroying DNA profiles and samples, adding new categories of proof such as prosecutor documentation of dismissed charges or expired statutes of limitations.
• Requires the state to provide postage-prepaid DNA collection kits to law enforcement agencies at no cost.
• Delays the entire law's effect until July 1, 2028, and only if the legislature specifically appropriates money to fund it.

People arrested for serious violent felonies in Georgia, county and state detention facility staff who process new arrestees, the Department of Corrections, the Division of Forensic Sciences (GBI), local law enforcement agencies, and court clerks who handle documentation for expunging DNA records.

If funded, more people would have their DNA collected and stored in Georgia's database at the point of arrest rather than after conviction, which could affect privacy for people later found not guilty, while also giving police an added investigative tool tied to serious violent crime arrests.

• Section 1 names the bill the 'Ashley Spence Act.'
• Section 2 amends O.C.G.A. § 35-3-160 to add a definition of 'serious violent felony' and require DNA collection from anyone arrested for one, while exempting people whose DNA is already on file.
• Section 3 amends O.C.G.A. § 35-3-161 to require DNA collection at booking or processing for newly arrested individuals instead of within 30 days of incarceration, and sets rules for sample handling and transport to the Division of Forensic Sciences within 15 days.
• Section 4 amends O.C.G.A. § 35-3-165 to expand the documentation that can trigger destruction of a DNA profile, including prosecutor statements about dismissed charges or expired statutes of limitations.
• Section 5 makes the entire Act contingent: it takes effect July 1, 2028, only if the General Assembly appropriates specific funding for it.
• Section 6 repeals conflicting laws.

1. 2026-03-27House Withdrawn, Recommitted (House)
2. 2026-01-29House Committee Favorably Reported By Substitute (House)
3. 2025-04-04House Withdrawn, Recommitted (House)
4. 2025-03-27House Committee Favorably Reported By Substitute (House)
5. 2025-03-06House Second Readers (House)
6. 2025-03-04House First Readers (House)
7. 2025-03-03Senate Passed/Adopted As Amended (Senate)
8. 2025-03-03Senate Third Read (Senate)

• Ricky Williams (R, SD-025)Primary sponsor
• John Albers (R, SD-056)
• Randy Robertson (R, SD-029)
• Mike Hodges (R, SD-003)
• Timothy Bearden (R, SD-030)
• Billy Hickman (R, SD-004)
• Kay Kirkpatrick (R, SD-032)
• Matt Brass (R, SD-006)
• Chuck Payne (R, SD-054)
• Max Burns (R, SD-023)
• Marty Harbin (R, SD-016)
• Frank Ginn (R, SD-047)
• Bo Hatchett (R, SD-050)
• Shawn Still (R, SD-048)
• Clint Dixon (R, SD-045)
• Clint Crowe (R, HD-118)

1. PassedSenate voteMarch 3, 2025

   44 yea, 11 nay (0 not voting, 1 absent)

   Passage As Amended: Senate Vote #133

• DNA collection
• criminal justice
• law enforcement
• violent crime
• arrest procedures