---
title: 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
collection: bills
id: 2025-2026/sb116
cite_as: SB 116, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb116
md_url: https://georgiacommons.org/bills/2025-2026/sb116.md
text_url: https://georgiacommons.org/bills/2025-2026/sb116/text
source_url: https://www.legis.ga.gov/legislation/70013
date: 2026-03-12
status: engrossed
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: 1086
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bill_number: SB 116
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-02-25
last_action: House Committee Favorably Reported
sponsors:
- Timothy Bearden
- Randy Robertson
- Chuck Payne
- Jason Anavitarte
- John Albers
- Carden Summers
- Ricky Williams
- Lee Anderson
- Brian Strickland
- Greg Dolezal
- Ed Setzler
- Brandon Beach
- Tyler Smith
text_version: Engrossed
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB116/2025
upstream_id: 1961014
summaries_model: claude-sonnet-5
topic_tags:
- DNA collection
- immigration detainers
- county jails
- criminal justice
- misdemeanor charges
---
# 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
## Text
Senate Bill 116
By: Senators Bearden of the 30th, Robertson of the 29th, Payne of the 54th, Anavitarte of the
31st, Albers of the 56th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated,
relating to DNA sampling, collection, and analysis, so as to require the collection of DNA
samples from certain individuals in a detention facility charged with a misdemeanor or
felony who are subject to an immigration detainer notice; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to
DNA sampling, collection, and analysis, is amended by revising Code Section 35-3-160,
relating to DNA analysis in felony convictions and certain felony charges and performance
of tests, as follows:
"35-3-160.
(a) As used in this article, the term:
(1) 'Department' means the Department of Corrections.
(2) 'Detention facility' means a penal institution under the jurisdiction of the department,
including penal institutions operated by a private company on behalf of the department,
inmate work camps, inmate boot camps, probation detention centers, parole revocation
centers, and county jails, and municipal detention correctional facilities.
(3) 'Division' means the Division of Forensic Sciences of the bureau.
(b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other
noninvasive procedure from any individual:
(A) Who has been convicted of a felony and is currently incarcerated in a detention
facility, serving a probation sentence, or serving under the jurisdiction of the State
Board of Pardons and Paroles for such felony;
(B) Who has been charged with a felony, and sentence for such offense has been
imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a)
or (c) of Code Section 16-13-2; or
(C) Who has been convicted of charged with a misdemeanor or felony and is subject
to an immigration detainer notice as such term is defined in Code Section 42-1-11.5,
provided that such individual is not taken into custody by the United States Immigration
and Customs Enforcement Division of the Department of Homeland Security within 48
hours of detention, excluding weekends and holidays, as required by 8 C.F.R. Section
287.76(d).
(2) Unless a DNA sample has already been collected by the department or another
agency or entity, each DNA sample required by paragraph (1) of this subsection shall be
collected by the detention facility which is detaining or the entity which is supervising
such individual, and the sample shall be forwarded to the division.
(3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for
a misdemeanor, to any individual who is charged with a misdemeanor and the sentence
for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding
first offenders, or because he or she has been charged with a misdemeanor.
(c) DNA analysis shall be performed by the division. The division shall be authorized to
contract with individuals or organizations for services to perform such analysis. The
identifying characteristics of the profile resulting from the DNA analysis shall be stored
and maintained by the bureau in a DNA data bank in accordance with Code
Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code
Section 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.
Senate Bill 116 would require Georgia detention facilities to collect DNA samples from people charged with a misdemeanor or felony who are subject to a federal immigration detainer notice, unless ICE takes them into custody within 48 hours.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Engrossed (2026-02-25)
- Last action: House Committee Favorably Reported (2026-03-12)
- Sponsors: Timothy Bearden, Randy Robertson, Chuck Payne, Jason Anavitarte, John Albers, Carden Summers, Ricky Williams, Lee Anderson, Brian Strickland, Greg Dolezal, Ed Setzler, Brandon Beach, Tyler Smith
- Official page: https://www.legis.ga.gov/legislation/70013
> The history, votes, and amendments (1,086 characters) are at https://georgiacommons.org/bills/2025-2026/sb116.md?full=1