HB1288: HB1288 Law enforcement officers and agencies; require consent or a court order to withdraw blood from persons who are to be incarcerated or are to be released for DNA testing

26 LC 63 0074 House Bill 1288 By: Representatives Cummings of the 39th, Dawson of the 65th, Flournoy of the 74th, Panitch of the 51st, Beckles of the 96th, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 35-3-161 of the Official Code of Georgia Annotated, relating to1 collection of DNA samples and time and procedure for withdrawal of blood samples, so as2 to require consent or a court order to withdraw blood from persons who are to be incarcerated3 or are to be released for DNA testing; to provide for related m atters; to repeal conflicting4 laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Code Section 35-3-161 of the Official Code of Georgia Annotated, relating to collection of8 DNA samples and time and procedure for withdrawal of blood samp les, is amended as9 follows:10 "35-3-161.11 (a) No blood may be withdrawn from a person who is to be incarcerated for purposes of12 performing DNA analysis pursuant to Code Section 35-3-160 without:13 (1) Written consent from the person to be incarcerated authorizing such withdrawal; or14 (2) A court order authorizing such withdrawal.15 H. B. 1288 - 1 - 26 LC 63 0074 (b) Each sample required pursuant to Code Section 35-3-160 from persons who are to be16 incarcerated shall be withdrawn within the first 30 days of inc arceration at the receiving17 unit of the detention facility or at such other place as is des ignated by the department;18 provided, however, that, if such sample is a blood withdrawal a nd the person to be19 incarcerated does not consent to such withdrawal, the blood sam ple shall be withdrawn20 within 30 days of a court order entered pursuant to subsection (a) of this Code section . 21 Each sample required pursuant to Code Section 35-3-160 from per sons who are to be22 released from a detention facility shall be withdrawn within the 12 months preceding such23 person's release at a place designated by the department; provided, however, that, if such24 sample is a blood withdrawal and the incarcerated person does n ot consent to such25 withdrawal, the blood sample shall be withdrawn within 30 days of a court order entered26 pursuant to subsection (a) of this Code section. The required samples from persons who27 are not sentenced to a term of confinement shall be withdrawn as a condition of probation. 28 The division shall publish in its quality manuals the procedure s for the collection and29 transfer of samples to such division pursuant to Code Section 3 5-3-154. Personnel at a30 detention facility shall implement the provisions of this Code section as part of the regular31 processing of offenders.32 (b)(c) Samples collected by oral swab or by a noninvasive procedure may be collected by33 any individual who has been trained in the procedure. Only a c orrectional health nurse34 technician, physician, registered professional nurse, licensed practical nurse, graduate35 laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted36 for analysis. No civil liability shall attach to any person au thorized to take a sample as37 provided in this article as a result of the act of taking a sample from any person submitting38 thereto, provided the sample was taken according to recognized medically accepted39 procedures. However, no person shall be relieved from liabilit y for negligence in the40 withdrawing of any blood sample.41 H. B. 1288 - 2 - 26 LC 63 0074 (c)(d) Chemically clean sterile disposable needles shall be used for the withdrawal of all42 samples of blood. The containers for blood samples, oral swabs, and the samples obtained43 by noninvasive procedures shall be sealed and labeled with the subject's name, social44 security number, date of birth, race, and gender plus the name of the person collecting the45 sample and the date and place of collection. The containers sh all be secured to prevent46 tampering with the contents. The steps set forth in this subsection relating to the taking,47 handling, identification, and disposition of samples are proced ural and not substantive. 48 Substantial compliance therewith shall be deemed to be sufficient. The samples shall be49 transported to the division not more than 15 days following wit hdrawal and shall be50 analyzed and stored in the DNA data bank in accordance with Code Sections 35-3-162 and51 35-3-163."52 SECTION 2.53 All laws and parts of laws in conflict with this Act are repealed.54 H. B. 1288 - 3 -