Official Code of Georgia Annotated

Title 35. LAW ENFORCEMENT OFFICERS AND AGENCIES · Chapter 3. GEORGIA BUREAU OF INVESTIGATION · Article 6A. DNA SAMPLING, COLLECTION, AND ANALYSIS

35-3-160. DNA analysis in felony convictions and certain felony charges; performance of tests.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

(a)
As used in this article, the term:#
1. (1)
  “Department” means the Department of Corrections.#
2. (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 correctional facilities.#
3. (3)
  “Division” means the Division of Forensic Sciences of the bureau.#
(b)
1. (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 a felony and is subject to an immigration detainer notice as such term is defined in Code Section 42-1-11.5.#
2. (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. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 35-3-160, enacted by Ga. L. 2011, p. 264, § 3-1/SB 80; Ga. L. 2019, p. 299, § 1/HB 470; Ga. L. 2024, p. 491, § 13/HB 1105, effective May 1, 2024; Ga. L. 2025, p. 1029, § 35(43)(I)/SB 153, effective July 1, 2025.

Amendments

The 2024 amendment, effective May 1, 2024, deleted “or” from the end of subparagraph (b)(1)(A); substituted “; or” for a period at the end of subparagraph (b)(1)(B); and added subparagraph (b)(1)(C). The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “bureau” for “Georgia Bureau of Investigation” in paragraph (a)(3).

Editor's notes

Ga. L. 2024, p. 206, § 1/HB 1105, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Georgia Criminal Alien Track and Report Act of 2024.’”

Code Commission notes

Pursuant to Code Section 28-9-5, in 2024, “42-1-11.5” was substituted for “42-4-16” at the end of subparagraph (b)(1)(C).

Law reviews

For note, “Padgett v. Donald: Why Not So Special,” see 57 Mercer L. Rev. 673 (2006). For article, “Evidence,” see 27 Ga. St. U.L. Rev. 1 (2011). For note, “A Square Double Helix in a Round Hole: Forensic Genetic Genealogy Searches and the Fourth Amendment,” see 39 Ga. St. U.L. Rev. 605 (2023). For article on the 2024 amendment of this Code section, see 41 Ga. St. U.L. Rev. 71 (2024).

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Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

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