SB 116: 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

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Discussed in meetings (12)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

1. Senate Public Safety Committee, January 28, 2026

   From 0:19:36 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said SB 116 would require DNA collection from detained people charged, rather than convicted, of a misdemeanor or felony who are subject to an immigration detainer, helping identify people and solve crimes. The chair said the substitute only updated the year. Asked about costs, the sponsor said the holding jurisdiction would pay and tentatively recalled about $1 per test. The sponsor said DNA would remain in the database even if charges were dropped. Members questioned constitutional protections, coverage of minor traffic offenses, and duplication of federal collection. The sponsor and chair said local collection would address cases where ICE does not take custody. The vice chair compared DNA to fingerprints used for identification. A Georgia Association of Criminal Defense Lawyers witness argued that compelled cheek swabs raise concerns under Georgia’s stronger privacy protections and that the bill reaches minor offenses. A Common Cause Georgia witness warned of unequal treatment, permanent genetic surveillance, and reduced community cooperation with police. A Georgia Sheriffs’ Association witness supported the bill but raised county costs and concerns about who takes samples and faces related subpoenas. After conflicting interpretations of whether eligibility for a detainer was enough, the sponsor said an actual detainer was required. A member proposed replacing language about being subject to a detainer with language requiring that a person have one. The sponsor opposed the amendment, which failed 3–4. The committee approved the substitute 5–3 and sent it to Rules.

2. Senate floor session, January 29, 2026 (legislative day 9)

   From 0:45:12 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Committee Favorably Reported By Substitute)

   Summary by Georgia Commons: The clerk read the Public Safety Committee's recommendation to pass SB 116 by substitute. The clerk also read a senator's notice of intent to submit a minority report alongside the majority report. The chamber did not debate the proposal or vote on passage.

3. Senate Rules Committee, February 2, 2026

   From 0:03:56 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The chair said the sponsor wanted changes to the DNA bill and proposed returning it to a standing committee. The chair said a sheriff's department or sheriffs' association had requested a timing change, possibly involving 48 hours, but did not explain the requirement further. The motion carried by voice vote. The chair said the bill would be heard the next day alongside another bill previously sent back.

4. Senate Rules Committee, February 3, 2026

   From 0:03:58 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said the substitute would require local officers to collect DNA from people charged with a misdemeanor or felony who have an immigration detainer if Immigration and Customs Enforcement (ICE) does not pick them up within 48 hours. The sponsor said ICE already collects DNA when taking custody, so the change would avoid duplicate collection while ensuring a sample is taken before release if ICE does not arrive. The sponsor described the purpose as helping solve unsolved crimes and identify people who return after deportation and commit crimes. Asked how DNA would be collected, the sponsor said by swab. One committee member questioned why one section referred to felony convictions while another referred to misdemeanor or felony charges. The sponsor and the Public Safety Committee chair explained that the conviction language covered an existing category, while the new provision applied to people charged with offenses who also have ICE detainers. No public testimony was offered. The committee approved the substitute with one opposing vote, and the chair said it would move to the general calendar.

5. Senate Rules Committee, February 24, 2026

   From 0:07:29 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor described the bill as addressing DNA sampling from people in the country illegally who are subject to an immigration detainer and whom ICE does not pick up within the required 48 hours. No substantive questions followed. Later, a committee member selected the bill for the next day's floor calendar. The committee unanimously approved that calendar selection together with SB 433 and HB 571.

6. Senate floor session, February 25, 2026 (legislative day 24)

   From 2:05:53 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

   Summary by Georgia Commons: The sponsor said SB 116 would require DNA collection from detained people charged with a misdemeanor or felony who have an immigration detainer, if ICE does not take custody within 48 hours. The sponsor said ICE routinely collects DNA and the bill would preserve identification records and help solve crimes. Asked about traffic misdemeanors, the sponsor confirmed collection could follow an arrest and detainer without conviction. Asked about collection contractors, the sponsor said they knew of none. One supporting senator emphasized the limited application to immigration holds. Another defended DNA swabs as lawful public-safety tools. One opponent argued lawful immigrants could be detained and raised privacy and constitutional concerns. A second emphasized presumed innocence. A third questioned financial incentives behind detention and the handling of biometric data. An amendment's sponsor proposed requiring conviction rather than a charge, saying this would allow time to catch mistakes involving citizens or lawful immigrants. A senator opposed that change because convictions could come months after release. The bill's sponsor cited a court ruling supporting identification swabs. The Senate rejected the amendment by 21 to 31, adopted the Rules Committee substitute and passed the bill by 33 to 20.

7. House Public Safety and Homeland Security Committee, March 11, 2026

   From 0:32:48 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: Presenting a substitute, the sponsor said detention facilities would collect DNA from people charged with misdemeanors or felonies who have immigration detainers if ICE did not take custody within 48 hours. The sponsor said this would help solve crimes and clarified that the clock starts at scheduled release, excluding weekends and holidays under federal law. A supportive member said larger DNA databases help solve cold cases. A Common Cause Georgia witness raised privacy, community-trust and unfunded-cost concerns. A criminal defense attorney said collection would reach minor traffic arrests before conviction, could affect lawful immigrants and lacked a clear DNA-destruction process. The attorney also raised constitutional, detention and laboratory-handling concerns. Asked about lawful residents, the attorney said an alleged immigration violation does not itself end lawful status. The chair questioned whether DNA collection differed substantially from fingerprinting and described swabbing as minimally invasive. A public defender warned that the wording could start the clock at initial detention rather than scheduled release, creating confusion, longer detention and costs. The public defender also reported encountering erroneous detainers on citizens. The sponsor maintained that collection would follow the release-related waiting period. The committee approved the substitute by voice vote, with opposition heard but no count stated.

8. House Rules Committee, March 16, 2026

   From 0:28:04 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said SB 116 would require DNA collection from people arrested for a misdemeanor or felony who have an immigration detainer if ICE does not collect them within 48 hours after they otherwise would be released. The sponsor said this could help solve past and future crimes. One member questioned why the requirement would apply to someone with a detainer but not a citizen charged with the same misdemeanor, raising equal-protection and local-cost concerns. The sponsor said legislative counsel had reviewed the bill, saw no constitutional problems and estimated a swab would cost about $2. A second member asked whether collection could precede a court appearance and how citizens would be protected from mistaken collection. The sponsor acknowledged collection could occur before a court appearance and said officials would rely on ICE's detainer determination. A third member asked about retention and wrongly collected samples. The sponsor mentioned an expungement process, then confirmed that the samples under discussion would remain in the database indefinitely. No vote or calendar action followed.

• Read aloud: Senate floor session, February 3, 2026 (legislative day 11), 0:32:40
• Read aloud: Senate floor session, February 4, 2026 (legislative day 12), 0:26:37
• Read aloud: House floor session, February 26, 2026 (legislative day 25, AM), 0:57:09
• Read aloud: House floor session, March 3, 2026 (legislative day 26, AM), 0:45:20

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