SB116: SB116 DNA Sampling; the collection of DNA samples from any individual in a detention facility charged with a misdemeanor or felony who is subject to an immigration detainer notice; require

Georgia law already requires DNA collection from people convicted of felonies or facing certain felony charges. This bill adds a new category: people held in a Georgia detention facility, from county jails to state prisons, who are charged with either a misdemeanor or a felony and who are also subject to an immigration detainer notice under O.C.G.A. § 42-1-11.5, a request from federal immigration authorities to hold someone for possible transfer. The DNA sample requirement would not apply if U.S. Immigration and Customs Enforcement (ICE) takes the person into custody within 48 hours of detention, not counting weekends and holidays, as allowed under federal regulations. The bill also keeps an existing exemption for misdemeanor convictions and for first-offender misdemeanor cases. Samples would be collected by oral swab or another noninvasive method and sent to the Division of Forensic Sciences for analysis and storage in the state's DNA data bank.

• Adds a new group to Georgia's DNA collection law (O.C.G.A. § 35-3-160): anyone in a detention facility charged with a misdemeanor or felony who is subject to an immigration detainer notice.
• Exempts people from the new requirement if ICE takes them into federal custody within 48 hours of detention, excluding weekends and holidays.
• Keeps the existing rule that DNA collection does not apply to misdemeanor convictions or to first-offender misdemeanor cases.
• Requires the detention facility holding the person, or the agency supervising them, to collect the sample by oral swab or other noninvasive method and send it to the Division of Forensic Sciences.
• Directs the Division of Forensic Sciences to perform the DNA analysis and store the results in the state DNA data bank under existing procedures.

People held in Georgia jails, prisons, probation detention centers, or other detention facilities who are charged with a crime and also subject to a federal immigration detainer notice; the sheriffs and facility staff who must collect the samples; and the Division of Forensic Sciences, which processes and stores the DNA data.

People charged with even a misdemeanor could now have their DNA collected and entered into Georgia's DNA data bank if immigration authorities have flagged them with a detainer, unless ICE picks them up within 48 hours. This expands who is subject to DNA collection beyond people convicted of or charged with felonies.

• Section 1 rewrites O.C.G.A. § 35-3-160(b)(1)(C) to add DNA collection for anyone charged with a misdemeanor or felony who is subject to an immigration detainer notice as defined in O.C.G.A. § 42-1-11.5.
• The new requirement does not apply if ICE takes the individual into custody within 48 hours of detention, excluding weekends and holidays, under 8 C.F.R. Section 287.7(d).
• Section 1 keeps subsection (b)(3), which exempts misdemeanor convictions and first-offender misdemeanor cases from DNA collection.
• The detention facility or supervising agency must collect the sample by oral swab or other noninvasive method and forward it to the Division of Forensic Sciences.
• Section 2 repeals any conflicting laws.

1. 2026-03-12House Committee Favorably Reported (House)
2. 2026-03-03House Second Readers (House)
3. 2026-02-26House First Readers (House)
4. 2026-02-25Senate Passed/Adopted By Substitute (Senate)
5. 2026-02-25Senate Third Read (Senate)
6. 2026-02-04Senate Committee Favorably Reported By Substitute (Senate)
7. 2026-02-03Senate Recommitted (Senate)
8. 2026-01-29Senate Committee Favorably Reported By Substitute (Senate)

• Timothy Bearden (R, SD-030)Primary sponsor
• Randy Robertson (R, SD-029)
• Chuck Payne (R, SD-054)
• Jason Anavitarte (R, SD-031)
• John Albers (R, SD-056)
• Carden Summers (R, SD-013)
• Ricky Williams (R, SD-025)
• Lee Anderson (R, SD-024)
• Brian Strickland (R, SD-042)
• Greg Dolezal (R, SD-027)
• Ed Setzler (R, SD-037)
• Brandon Beach (R, SD-021)
• Tyler Smith (R, HD-018)

1. FailedSenate voteFebruary 25, 2026

   21 yea, 31 nay (2 not voting, 1 absent)

   Adoption Of Amendment #1 By The Senator From The 38th: Senate Vote #582

2. PassedSenate voteFebruary 25, 2026

   33 yea, 20 nay (1 not voting, 1 absent)

   Passage By Substitute: Senate Vote #583

• immigration detainers
• DNA collection
• criminal justice
• county jails
• law enforcement