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) <ins>No blood may be withdrawn from a person who is to be incarcerated for purposes of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.
</ins>
<ins>(b)</ins> 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incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving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;
<ins>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incarcerated does not consent to such withdrawal, the blood sample shall be withdrawn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.
</ins> 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released from a detention facility shall be withdrawn within the 12 months preceding such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; <ins>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withdrawal, the blood sample shall be withdrawn within 30 days of a court order entered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.</ins> 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are not sentenced to a term of confinement shall be withdrawn as a condition of probation.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.
<del>(b)(c)</del> 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.
<ins>(c)(d)</ins> 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.