Georgia CommonsHB 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
Introduced version, the latest LegiScan holds · Last action February 17, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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(a) No blood may be withdrawn from a person who is to be incarcerated for purposes of performing DNA analysis pursuant to Code Section 35-3-160 without: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(b) Each sample required pursuant to Code Section 35-3-160 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit of the detention facility or at such other place as is designated by the department; provided,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is a blood withdrawal and the person to be incarcerated does not consent to such withdrawal, the blood sample shall be withdrawn within 30 days of a court order entered pursuant to subsection (a) of this Code section.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required pursuant to Code Section 35-3-160 from persons who are to be released from a detention facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the department; provided, however, that, if such sample is a blood withdrawal and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.