HB 1288: Law enforcement officers and agencies; require consent or a court order to withdraw blood from persons who are to be incarcerated or are to be released for DNA testing

Georgia law already requires certain incarcerated people to give DNA samples, which can include blood, for the state DNA data bank. This bill amends O.C.G.A. § 35-3-161 to add a new protection: no blood may be withdrawn from a person who is to be incarcerated for DNA analysis unless the person gives written consent or a court issues an order authorizing it. If a person refuses to consent, the facility can no longer simply take the blood sample within the usual 30-day intake window. Instead, officials must get a court order, and the blood must then be drawn within 30 days of that order. The same consent-or-court-order rule applies to blood samples taken from people who are about to be released. The bill does not change rules for DNA collected by oral swab or other noninvasive methods, which can still be collected without this added step.

• Adds a new requirement that blood cannot be drawn from a person entering incarceration for DNA testing without written consent or a court order.
• Extends the same consent-or-court-order requirement to blood draws for DNA testing taken before a person's release from detention.
• Changes the 30-day intake deadline for blood samples so that, without consent, the draw instead must happen within 30 days of a court order.
• Leaves oral swabs and other noninvasive DNA collection methods unaffected, since the new consent rule applies only to blood withdrawal.

People who are about to be incarcerated or released from Georgia detention facilities and are subject to mandatory DNA sample collection, corrections and detention facility staff who administer the samples, medical personnel authorized to draw blood such as nurses and phlebotomists, and the courts that would issue authorization orders.

Currently blood for DNA testing can be taken from incarcerated or soon-to-be-released people without their agreement. Under this bill, officials would need either the person's written consent or a judge's order first, adding a legal check before blood, as opposed to a cheek swab, can be forcibly collected.

• Section 1 amends O.C.G.A. § 35-3-161(a) to bar blood withdrawal for DNA testing from people to be incarcerated without written consent or a court order.
• Section 1 revises the timing rule so blood samples without consent must be drawn within 30 days of a court order rather than within 30 days of intake.
• Section 1 applies the same consent-or-court-order condition to blood draws taken before a person's release from a detention facility.
• The bill leaves unchanged which medical professionals (nurses, phlebotomists, etc.) may draw blood samples and the rules on sample handling and transport within 15 days.
• Section 2 repeals any conflicting laws.

1. 2026-02-17House Second Readers (House)
2. 2026-02-12House First Readers (House)
3. 2026-02-11House Hopper (House)

• Terry Cummings (D, HD-039)Primary sponsor
• Robert Dawson (D, HD-065)
• Robert Flournoy (D, HD-074)
• Esther Panitch (D, HD-051)
• Arlene Beckles (D, HD-096)
• Segun Adeyina (D, HD-110)

• DNA testing
• criminal justice
• incarceration
• law enforcement procedures
• privacy rights