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, <del>and</del> county <ins>jails, and municipal detention</ins> <del>correctional</del> 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 <del>convicted of</del> <ins>charged with</ins> a <ins>misdemeanor or</ins> felony and is subject
to an immigration detainer notice as such term is defined in Code Section 42-1-11.5,
<ins>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).
</ins> (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.
<del>(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.
</del> (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.