---
title: 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
collection: bills
id: 2025-2026/hb1288
cite_as: HB 1288, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1288
md_url: https://georgiacommons.org/bills/2025-2026/hb1288.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1288/text
source_url: https://www.legis.ga.gov/legislation/73138
date: 2026-02-17
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1288.md?full=1
bill_number: HB 1288
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-11
last_action: House Second Readers
sponsors:
- Terry Cummings
- Robert Dawson
- Robert Flournoy
- Esther Panitch
- Arlene Beckles
- Segun Adeyina
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1288/2025
upstream_id: 2114660
summaries_model: claude-sonnet-5
topic_tags:
- DNA testing
- criminal justice
- incarceration
- law enforcement procedures
- privacy rights
---
# 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
## Text
House Bill 1288
By: Representatives Cummings of the 39th, Dawson of the 65th, Flournoy of the 74th, Panitch
of the 51st, Beckles of the 96th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 35-3-161 of the Official Code of Georgia Annotated, relating to
collection of DNA samples and time and procedure for withdrawal of blood samples, so as
to require consent or a court order to withdraw blood from persons who are to be incarcerated
or are to be released for DNA testing; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 35-3-161 of the Official Code of Georgia Annotated, relating to collection of
DNA samples and time and procedure for withdrawal of blood samples, is amended as
follows:
"35-3-161.
(a) No blood may be withdrawn from a person who is to be incarcerated for purposes of
performing DNA analysis pursuant to Code Section 35-3-160 without:
(1) Written consent from the person to be incarcerated authorizing such withdrawal; or
(2) A court order authorizing such withdrawal.
(b) Each sample required pursuant to Code Section 35-3-160 from persons who are to be
incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving
unit of the detention facility or at such other place as is designated by the department;
provided, however, that, if such sample is a blood withdrawal and the person to be
incarcerated does not consent to such withdrawal, the blood sample shall be withdrawn
within 30 days of a court order entered pursuant to subsection (a) of this Code section.
Each sample required pursuant to Code Section 35-3-160 from persons who are to be
released from a detention facility shall be withdrawn within the 12 months preceding such
person's release at a place designated by the department; provided, however, that, if such
sample is a blood withdrawal and the incarcerated person does not consent to such
withdrawal, the blood sample shall be withdrawn within 30 days of a court order entered
pursuant to subsection (a) of this Code section. The required samples from persons who
are not sentenced to a term of confinement shall be withdrawn as a condition of probation.
The division shall publish in its quality manuals the procedures for the collection and
transfer of samples to such division pursuant to Code Section 35-3-154. Personnel at a
detention facility shall implement the provisions of this Code section as part of the regular
processing of offenders.
(b)(c) Samples collected by oral swab or by a noninvasive procedure may be collected by
any individual who has been trained in the procedure. Only a correctional health nurse
technician, physician, registered professional nurse, licensed practical nurse, graduate
laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted
for analysis. No civil liability shall attach to any person authorized to take a sample as
provided in this article as a result of the act of taking a sample from any person submitting
thereto, provided the sample was taken according to recognized medically accepted
procedures. However, no person shall be relieved from liability for negligence in the
withdrawing of any blood sample.
(c)(d) Chemically clean sterile disposable needles shall be used for the withdrawal of all
samples of blood. The containers for blood samples, oral swabs, and the samples obtained
by noninvasive procedures shall be sealed and labeled with the subject's name, social
security number, date of birth, race, and gender plus the name of the person collecting the
sample and the date and place of collection. The containers shall be secured to prevent
tampering with the contents. The steps set forth in this subsection relating to the taking,
handling, identification, and disposition of samples are procedural and not substantive.
Substantial compliance therewith shall be deemed to be sufficient. The samples shall be
transported to the division not more than 15 days following withdrawal and shall be
analyzed and stored in the DNA data bank in accordance with Code Sections 35-3-162 and
35-3-163."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would require written consent or a court order before officers can draw blood from people entering or leaving state detention facilities for mandatory DNA testing.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-02-11)
- Last action: House Second Readers (2026-02-17)
- Sponsors: Terry Cummings, Robert Dawson, Robert Flournoy, Esther Panitch, Arlene Beckles, Segun Adeyina
- Official page: https://www.legis.ga.gov/legislation/73138
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1288.md?full=1