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

Under current Georgia law (O.C.G.A. § 35-3-160), DNA samples are required mainly from people convicted of felonies, certain repeat drug offenders, and people convicted of a felony who are also subject to an immigration detainer notice. Misdemeanor charges and convictions were specifically excluded from mandatory DNA collection. This bill changes that. It rewrites the law so that anyone charged with a misdemeanor or a felony while subject to an immigration detainer notice must have a DNA sample collected, as long as U.S. Immigration and Customs Enforcement does not take them into custody within 48 hours (not counting weekends and holidays), matching a federal detainer rule. It also removes the old exclusion for misdemeanor cases and widens the definition of 'detention facility' to explicitly include county jails and municipal detention facilities, not just state-run correctional facilities. Samples are collected by the facility holding the person and sent to the state crime lab for analysis and storage.

• Expands mandatory DNA sample collection to people charged with (not just convicted of) a misdemeanor or felony who are subject to an immigration detainer notice.
• Removes the prior exemption that excluded misdemeanor charges and convictions from DNA sampling requirements.
• Adds a condition tying the new DNA collection requirement to whether ICE takes custody of the person within 48 hours (excluding weekends and holidays).
• Broadens the legal definition of 'detention facility' to specifically include county jails and municipal detention facilities.
• Keeps the existing requirement that the detaining facility collect the sample by oral swab or other noninvasive method and send it to the Division of Forensic Sciences.

People held in Georgia county jails, municipal detention facilities, and other state detention facilities who face a misdemeanor or felony charge and are also subject to a federal immigration detainer notice. It also affects local jail staff and the Division of Forensic Sciences, which collects and processes the new DNA samples.

More people, including those only charged with low-level misdemeanors, would have their DNA collected and stored in the state database if immigration authorities have flagged them for detention. This expands the reach of Georgia's DNA data bank beyond people convicted of felonies to a broader group tied to immigration status.

• Section 1 amends O.C.G.A. § 35-3-160(a)(2) to add county jails and municipal detention facilities to the definition of 'detention facility.'
• Section 1 revises subsection (b)(1)(C) to require DNA sampling from anyone charged with a misdemeanor or felony (previously only those convicted of a felony) who is subject to an immigration detainer notice under O.C.G.A. § 42-1-11.5.
• Section 1 adds a proviso that the requirement applies only if the person is not taken into ICE custody within 48 hours of detention, excluding weekends and holidays, referencing 8 C.F.R. § 287.7(d).
• Section 1 deletes former paragraph (b)(3), which had exempted misdemeanor convictions and charges from DNA sampling.
• Section 1 keeps the requirement that samples be collected by the detaining facility or supervising entity and forwarded to the Division of Forensic Sciences for analysis and storage.
• Section 2 repeals any conflicting laws.

1. 2026-03-12House Committee Favorably Reported (House)
2. 2026-03-03House Second Readers (House)
3. 2026-02-26House First Readers (House)
4. 2026-02-25Senate Passed/Adopted By Substitute (Senate)
5. 2026-02-25Senate Third Read (Senate)
6. 2026-02-04Senate Committee Favorably Reported By Substitute (Senate)
7. 2026-02-03Senate Recommitted (Senate)
8. 2026-01-29Senate Committee Favorably Reported By Substitute (Senate)

• Timothy Bearden (R, SD-030)Primary sponsor
• Randy Robertson (R, SD-029)
• Chuck Payne (R, SD-054)
• Jason Anavitarte (R, SD-031)
• John Albers (R, SD-056)
• Carden Summers (R, SD-013)
• Ricky Williams (R, SD-025)
• Lee Anderson (R, SD-024)
• Brian Strickland (R, SD-042)
• Greg Dolezal (R, SD-027)
• Ed Setzler (R, SD-037)
• Brandon Beach (R, SD-021)
• Tyler Smith (R, HD-018)

1. FailedSenate voteFebruary 25, 2026

   21 yea, 31 nay (2 not voting, 1 absent)

   Adoption Of Amendment #1 By The Senator From The 38th: Senate Vote #582

2. PassedSenate voteFebruary 25, 2026

   33 yea, 20 nay (1 not voting, 1 absent)

   Passage By Substitute: Senate Vote #583

• DNA collection
• immigration detainers
• county jails
• criminal justice
• misdemeanor charges