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

26 LC 63 0077S (SCS) 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 AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To amend Article 6A of Chapter 3 of Title 35 of the Official Co de of Georgia Annotated,1 relating to DNA sampling, collection, and analysis, so as to require the collection of DNA2 samples from certain individuals in a detention facility charge d with a m isdem eanor or3 felony who are subject to an immigration detainer notice; to provide for related matters; to4 repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 6A of Chapter 3 of Title 35 of the Official Code of Geo rgia Annotated, relating to8 DNA sampling, collection, and analysis, is amended by revising Code Section 35-3-160,9 relating to DNA analysis in felony convictions and certain felony charges and performance10 of tests, as 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 S. B. 116 - 1 - 26 LC 63 0077S (SCS) inmate work camps, inmate boot camps, probation detention centers, parole revocation17 centers, and county jails, and municipal detention correctional facilities.18 (3) 'Division' means the Division of Forensic Sciences of the bureau.19 (b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other20 noninvasive procedure from any individual:21 (A) Who has been convicted of a felony and is currently incarc erated in a detention22 facility, serving a probation sentence, or serving under the ju risdiction of the State23 Board of Pardons and Paroles for such felony;24 (B) Who has been charged with a felony, and sentence for such offense has been25 imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursu ant to subsection (a)26 or (c) of Code Section 16-13-2; or27 (C) Who has been convicted of charged with a misdemeanor or felony and is subject28 to an immigration detainer notice as such term is defined in Co de Section 42-1-11.5,29 provided that such individual is not taken into custody by the United States Immigration30 and Customs Enforcement Division of the Department of Homeland Security within 4831 hours of detention, excluding weekends and holidays, as required by 8 C.F.R. Section32 287.76(d).33 (2) Unless a DNA sample has already been collected by the depa rtment or another34 agency or entity, each DNA sample required by paragraph (1) of this subsection shall be35 collected by the detention facility which is detaining or the e ntity which is supervising36 such individual, and the sample shall be forwarded to the division.37 (3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for38 a misdemeanor, to any individual who is charged with a misdemeanor and the sentence39 for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding40 first offenders, or because he or she has been charged with a misdemeanor.41 (c) DNA analysis shall be performed by the division. The division shall be authorized to42 contract with individuals or organizations for services to perf orm such analysis. The43 S. B. 116 - 2 - 26 LC 63 0077S (SCS) identifying characteristics of the profile resulting from the D NA analysis shall be stored44 and maintained by the bureau in a DNA data bank in accordance w ith Code45 Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code46 Section 35-3-163."47 SECTION 2.48 All laws and parts of laws in conflict with this Act are repealed.49 S. B. 116 - 3 -