Bill Text: GA SB449 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: DNA Analysis; provide for DNA analysis of persons arrested for felony offenses; time and procedure for withdrawal of blood samples; prov.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2012-03-05 - Senate Read Second Time [SB449 Detail]

Download: Georgia-2011-SB449-Comm_Sub.html

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12 LC 29 5221S

The Senate Judiciary Committee offered the following substitute to SB 449:

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 provide for DNA analysis of persons arrested for felony offenses; to change provisions relating to time and procedure for withdrawal of blood samples; to change provisions relating to expungement of profiles in the data bank; to provide for related matters; to provide for a contingent effective date; 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 subsection (b) of Code Section 35-3-160, relating to DNA analysis upon conviction of certain sex offenses, as follows:

"(b) Any person convicted of arrested for a felony offense who is held in a detention facility or placed on probation shall at the time of entering the detention facility or being placed on probation have shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken by the law enforcement agency detaining the arrestee after a magistrate or grand jury has determined that probable cause exists for the arrest for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2011, and who currently is and is currently incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the Board of Pardons and Paroles for such offense. It shall be the responsibility of the law enforcement agency detaining a person for a felony offense or the detention facility detaining or entity supervising a convicted felon to collect the samples required by this Code section and forward the sample to the division unless such sample has already been collected by the department or another agency or entity."

SECTION 2.

Said article is further amended by revising subsection (a) of Code Section 35-3-161, relating to time and procedure for withdrawal of blood samples, as follows:

"(a) Each sample required pursuant to Code Section 35-3-160 from persons who have been arrested, and probable cause for the arrest has been established, shall be withdrawn within 30 days of the finding of probable cause. Each sample required pursuant to Code Section 35-3-160 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit of the detention facility or at such other place as is designated by the department. Each sample required pursuant to Code Section 35-3-160 from persons who are to be released from a detention facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the department. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation. The division shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154. Personnel at a detention facility shall implement the provisions of this Code section as part of the regular processing of offenders."

SECTION 3.

Said article is further amended by revising Code Section 35-3-165, relating to expungement of profile in data bank upon reversal and dismissal of conviction, as follows: "35-3-165.

(a) A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that:

(1) The the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed;

(2) The person was acquitted of the felony charges;

(3) The felony charges against the person were reduced to misdemeanor charges;

(4) The felony charges are placed on the dead docket; or

(5) The prosecuting attorney otherwise dismisses the felony charges.

(b) The bureau shall purge all records and identifiable information in the data bank pertaining to the person described in subsection (a) of this Code section and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of:

(1) The the court order reversing and dismissing the conviction;

(2) The judgment of acquittal;

(3) The sentencing order showing that the charges were reduced to a misdemeanor;

(4) The court order dead docketing the felony charges; or

(5) Documentation from the prosecuting attorney stating that the felony charges were dismissed.

(b)(c) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this article and its use in accordance with this article is authorized until a court order directing expungement is obtained and the documentation set forth in subsection (b) of this Code section is submitted to the bureau."

SECTION 4.

This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.