SB 29: DNA Sampling, Collection, and Analysis; collection of DNA samples of individuals arrested for the commission of a felony at the time such individuals are booked or otherwise processed by a detention facility; provide

Under current Georgia law, DNA samples are generally collected from people after they are convicted of a felony, not simply arrested. This bill would change that for a specific category of crimes: it directs that anyone arrested for a 'serious violent felony' (as defined in O.C.G.A. § 17-10-6.1, which covers crimes like murder, rape, and armed robbery) must have a DNA sample collected by the arresting officer or at the detention facility when they are booked. If someone is arrested without a warrant, the sample cannot be taken until a judge or grand jury finds probable cause. The bill also updates rules for destroying DNA records when charges are dismissed, reduced, or a conviction is reversed, spelling out more situations that trigger expungement. It requires the state to pay for DNA testing costs and to supply prepaid DNA collection kits to law enforcement agencies. The changes would only take effect on July 1, 2028, and only if the General Assembly specifically appropriates funding for the program.

• Requires DNA samples to be collected from anyone arrested for a serious violent felony, not just those convicted, at the time of booking or processing.
• Requires the state, rather than local detention facilities alone, to cover the cost of DNA testing and to furnish postage-prepaid DNA collection kits to law enforcement.
• Expands the list of documents (such as prosecutor statements or expired statute-of-limitations proof) that can trigger removal of a person's DNA profile from the state database.
• Blocks DNA collection from someone if the state already has an un-destroyed DNA sample from that person on file.
• Requires that DNA from a warrantless arrest not be collected until a judge or grand jury makes a probable cause finding.
• Makes the entire Act contingent on the state specifically funding it, with a target effective date of July 1, 2028.

People arrested for serious violent felonies in Georgia, law enforcement officers and detention facility staff who must collect and process DNA samples, the GBI's Division of Forensic Sciences, court clerks and prosecutors who handle expungement paperwork, and the state budget, which must fund the program before it takes effect.

If funded, Georgia would begin collecting DNA from people merely arrested for serious violent crimes, before any conviction, expanding the state's DNA database earlier in the criminal process. The bill also gives people whose charges are dropped or reduced more documented paths to get their DNA profile removed.

• Section 1 names the bill the 'Ashley Spence Act.'
• Section 2 rewrites O.C.G.A. § 35-3-160 to add arrest for a 'serious violent felony' (defined by cross-reference to O.C.G.A. § 17-10-6.1) as a new trigger for mandatory DNA collection, and requires the state to pay all testing costs and supply prepaid collection kits.
• Section 3 rewrites O.C.G.A. § 35-3-161 so DNA is collected by the arresting officer or at booking rather than within 30 days of incarceration, and requires a probable cause finding before taking DNA from a warrantless arrest.
• Section 4 rewrites O.C.G.A. § 35-3-165 to broaden the grounds and paperwork for expunging a person's DNA profile, including dismissed charges, expired statutes of limitations, or reduced sentences.
• Section 5 makes the Act effective July 1, 2028, only if the General Assembly appropriates specific funding for it.
• Section 6 repeals conflicting laws.

1. 2026-03-27House Withdrawn, Recommitted (House)
2. 2026-01-29House Committee Favorably Reported By Substitute (House)
3. 2025-04-04House Withdrawn, Recommitted (House)
4. 2025-03-27House Committee Favorably Reported By Substitute (House)
5. 2025-03-06House Second Readers (House)
6. 2025-03-04House First Readers (House)
7. 2025-03-03Senate Passed/Adopted As Amended (Senate)
8. 2025-03-03Senate Third Read (Senate)

• Ricky Williams (R, SD-025)Primary sponsor
• John Albers (R, SD-056)
• Randy Robertson (R, SD-029)
• Mike Hodges (R, SD-003)
• Timothy Bearden (R, SD-030)
• Billy Hickman (R, SD-004)
• Kay Kirkpatrick (R, SD-032)
• Matt Brass (R, SD-006)
• Chuck Payne (R, SD-054)
• Max Burns (R, SD-023)
• Marty Harbin (R, SD-016)
• Frank Ginn (R, SD-047)
• Bo Hatchett (R, SD-050)
• Shawn Still (R, SD-048)
• Clint Dixon (R, SD-045)
• Clint Crowe (R, HD-118)

1. PassedSenate voteMarch 3, 2025

   44 yea, 11 nay (0 not voting, 1 absent)

   Passage As Amended: Senate Vote #133

• DNA collection
• criminal justice
• law enforcement procedures
• violent crime arrests
• state funding