Bill Text: GA SB80 | 2011-2012 | Regular Session | Engrossed
Bill Title: Evidence; provide for DNA analysis of persons arrested for felony offenses
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2011-05-11 - Effective Date [SB80 Detail]
Download: Georgia-2011-SB80-Engrossed.html
11 SB80/CSFA/1
Senate
Bill 80
By:
Senators McKoon of the 29th, Bethel of the 54th, Cowsert of the 46th, Gooch of
the 51st, Albers of the 56th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating
to requirement for DNA analysis of blood of persons convicted of certain sex
offenses or convicted of a felony and incarcerated in a state correctional
facility, so as to provide for DNA analysis of persons arrested for felony
offenses; to provide for a short title; to provide for related matters; to
provide for a contingent effective date and applicability; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Johnia Berry Act."
SECTION
2.
Code
Section 24-4-60 of the Official Code of Georgia Annotated, relating to
requirement for DNA analysis of blood of persons convicted of certain sex
offenses or convicted of a felony and incarcerated in a state correctional
facility, is amended by adding two new subsections to read as
follows:
"(d)(1)
On and after July 1, 2011, any person who is arrested for a felony offense shall
have a sample of his or her blood, an oral swab, or a sample obtained from a
noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to
determine identification characteristics specific to the person.
(2)
After a determination by a magistrate or a grand jury that probable cause exists
for the arrest, the arresting law enforcement agency shall be responsible for
collecting such sample in accordance with rules and regulations established by
the Division of Forensic Sciences of the Georgia Bureau of
Investigation.
(3)
The analysis shall be performed by the Division of Forensic Sciences of the
Georgia Bureau of Investigation. The Division of Forensic Sciences of the
Georgia Bureau of Investigation shall be authorized to contract with individuals
or organizations for services to perform such analysis. The identification
characteristics of the profile resulting from the DNA analysis shall be stored
and maintained by the Georgia Bureau of Investigation in a DNA data bank and
shall be made available only as provided in Code Section 24-4-63.
(4)
A person whose DNA profile has been included in the data bank pursuant to
paragraph (3) of this subsection shall have such profile expunged on the
grounds that the person was acquitted or the charges for which the sample was
taken were dead docketed, dismissed, or reduced to a misdemeanor. The Georgia
Bureau of Investigation shall destroy all samples from such person upon receipt
of a written request that such data be expunged, pursuant to this paragraph, and
a certified copy of the (A) court order dead docketing or dismissing the
charges, (B) sentencing order showing the charges were reduced to a misdemeanor,
or (C) court order reversing and dismissing the conviction.
(5)
A DNA sample obtained pursuant to this subsection in good faith shall be deemed
to have been obtained in accordance with the requirements of this chapter, and
use of such DNA in accordance with this chapter shall be authorized until the
offender submits a request for expungement pursuant to paragraph (4) of this
subsection.
(e)
A person whose DNA profile has been included in the data bank pursuant to
subsection (d) of this Code section shall not be required to have his or her DNA
collected pursuant to subsection (b) or (c) of this Code
section."
SECTION
3.
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
4.
All
laws and parts of laws in conflict with this Act are repealed.