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Lawfully Owed DNA Arrest

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Lawfully Owed DNA Arrest Lawfully Owed DNA Last Updated: March 2020 Arrest Does the law require a What crimes require collection Does the law mandate What agency What agency Can the arrest DNA sample Statutes DNA sample to be of a DNA sample at arrest? when the DNA sample collects the manages the be expunged? collected from an must be collected after arrest DNA analysis and individual when they arrest? sample? preservation in are arrested for a the DNA crime? database? Alabama Yes, from adults and All felonies, and any sexual At booking, or at arrest. Director of the Director of the Not explicit in the statute Ala. Code 1975 § 36- 18- 24. DNA database. minors. offense, including any offense Alabama Alabama with respect to DNA samples requiring registration as a sex Department of Department of collected at arrest. offender. Forensic Forensic Sciences. Upon request, and following § 36-18-25(c). Collection of DNA samples Sciences. reversal of conviction, the from Convicted Persons. director is authorized to expunge DNA records. § 36–18–26. Expungement of DNA Records. § 36-18-22. Powers of director. Alaska Yes, from adults only All felonies, or “crime against At booking. Department of Department of Yes. Upon written request to A.S. § 44.41.035. DNA identification system a person” Public Safety, Public Safety Dept. of Public Safety, including: accompanied with a court “juvenile or order establishing the adult person arrested was correctional, released without being probation, or charged; indictment was parole officers dismissed; or person was or a peace officer” found not guilty. Arizona Felonies, murder, At booking. Arresting authority or its Yes, adults only. Department of Yes – must petition court to A.R.S. § 13- 610. DNA testing enumerated sexual designee. Public Safety remove if no charges filed, offenses, burglary. case dismissed, or defendant acquitted. Case law: Mario W. v. Kaipio, 230 Ariz. 122, 281 P.3d 476 (2012) (extraction of a DNA profile from buccal cells of a juvenile charged with certain offenses at advisory hearing violates the Fourth Amendment as it is a serious intrusion on a juvenile’s privacy interests). Arkansas Yes. Adults, and minors Felonies, murder, kidnapping, At booking, or at first court A law State Crime Yes – must petition the Ark. Code Ann. § 12-12-1006 only if charged as an rape, sexual assault. appearance for the enforcement Laboratory State Crime Laboratory Fingerprinting, DNA Sample Collection, adult. enumerated offenses; or official at the upon acquittal, dismissal, and Photographing while incarcerated and new receiving successful completion of a charges arise. criminal preprosecution diversion detention program or a conditional § 12-12-1019 Removal and destruction of facility, or a discharge, conviction of a correctional lesser misdemeanor or the DNA record and DNA sample facility official reversal of conviction. for persons who Record must be expunged are already upon providing: incarcerated § 12-12-1105 State DNA Data Base and new charges (1) a written request for aris. removal and destruction, (2) a court order for removal and destruction of the DNA record; and (3) a certified copy of the acquittal, dismissal, reversal or a court order stating that a charge arising out of a person’s arrest has not been filed within 1 year of arrest, unless the person has a prior conviction or pending charge for which DNA collection is authorized. California Yes, from adults only. All felonies. At booking or “as soon as Department of Department of Yes – if charges are administratively Corrections and Justice, DNA dismissed or no accusatory West's Ann. Cal. Penal Code § 295. Short practicable” Rehabilitation Laboratory pleading is filed, person must petition the court and title; findings and intent; administration provide a copy of the and implementation of chapter; request to the DNA responsibility for collection of specimens, Laboratory and the samples and imprints; costs and funds prosecuting attorney. DNA laboratory must destroy the sample and expunge the § 296. Offenders subject to collection of profile upon receipt of a specimens, samples and print court order. impressions § 299. Reversal, dismissal or acquittal; request for expungement of information; procedure; specimens from persons no longer considered suspects Colorado Felonies “Sample Analysis” collected at Yes, from adults only. The arresting Colorado Bureau Yes – written request to CBI, C.R.S.A. § 16–23–103. Collection of booking, but sample not law enforcement of Investigation after case dismissed, no Biological Samples from Persons Arrested analyzed until after Probable agency. charges filed, or plea to for or Charged with Felonies Cause Hearing. lesser misdemeanor. § 16–23–104. Collection and Testing If collection is impractical at booking, sample may be § 16–23–105. Expungement collected at any other time during detention or pendency of charges. Case Law: People v. Valdez, App. 2017, 405 P.3d 413, cert. denied 2017 WL 4872875 (Crime defendant was arrested for was not required to be serious to have DNA taken from defendant pursuant to Katie's Law, and thus taking DNA upon defendant's arrest for aggravated driving was not unconstitutional as applied in prosecution for first degree murder; although defendant was in custody for a misdemeanor offense, it was not unconstitutional to take DNA from all arrestees, because the magnitude of the state's interest does not necessarily depend on the seriousness of the crime of arrest.). Connecticut Yes, from adults and Arrest for serious felony, if no “Prior to release from The “law Division of Automatic upon reversal C.G.S.A. § 54-102g. Blood or other minors. sample on file and prior custody,” per law enforcement Scientific Services and dismissal of a biological sample required from certain conviction (or if found not enforcement agency’s agency that within the Dept. conviction or of a finding of arrested or convicted persons for DNA guilty by reason of mental policies. arrested such of Emergency not guilty by reason of analysis disease or defect) for felony, person;” or Services and mental disease or defect or crime against a minor, Department of Public Protection upon acquittal. nonviolent sexual offense or Correction. sexually violent offense. § 54–102h. Procedure for Collection of Blood or Other Biological Sample for DNA Analysis § 54–102L. Expungement of DNA Data Bank Records and Destruction of Samples Case Law: Connecticut v. Banks, 71 A.3d 582, 143 Conn. App. 485 (2013) (Statute requiring all felons in custody to submit to collection of DNA sample implicitly included permission to use reasonable force to obtain sample in order to achieve legislature's goal of creating DNA data bank, and legislature later amended statute to permit state to use reasonable force.). Delaware No. N/A N/A N/A N/A N/A N/A District of N/A N/A No. N/A N/A N/A N/A Columbia Florida Yes, from adults and Felonies, including attempt. At booking. Department of Department of Yes – must provide written F.S.A. § 943.325. DNA Database minors. Law Law Enforcement request and proof of the Enforcement; or by their internal following: a certified copy if qualifying policies. of the No Information or Case Law: offender is Nolle Prosequi filed by the incarcerated the state attorney, or final court U.S. v. Davis, 65 F. Supp. 3d 1352 (M.D. Fla. “entity order or other official 2014) (Florida statute requiring any responsible for documentation showing qualifying offender who is arrested in the the jail or charge was dismissed; or state to submit a DNA at time of booking facility shall acquittal; or no charge filed did not intrude on arrestee's privacy rights ensure that a within the applicable time DNA sample is period. in violation of Fourth Amendment. DNA promptly identification of arrestees was a reasonable secured and search that could be considered part of a transmitted to routine booking procedure.). the department” Georgia N/A N/A N/A N/A N/A No. N/A Guam No. N/A N/A N/A N/A N/A N/A Hawaii No. N/A N/A N/A N/A N/A N/A Idaho No. N/A N/A N/A N/A N/A N/A Illinois Yes, after an indictment Enumerated Felonies: First Within 14 days after an Illinois Department of Automatic upon receipt of a 730 ILCS 5/5-4-3 Specimens; genetic has been returned by a degree murder, home indictment from a grand Department of State Police, certified copy of a final marker groups. grand jury or finding of invasion, predatory criminal jury; or after a probable State Police Division of court order for each charge probable cause sexual assault of a child, cause hearing; or if Forensic Services against an individual in following a hearing. aggravated criminal sexual arrestee has waived a which the charge has been This applies to both assault, or criminal sexual preliminary hearing. dismissed, resulted in adults and minors. assault. acquittal, or that the charge was not filed within the applicable time period. Indiana Yes, from adults only. Felonies At booking; may The sheriff Superintendent of State Upon request to Superintendent of State Police with IC § 10–13–6–8 not ship the Police certified copy of court order establishing (i) the DNA sample for person was acquitted of all the felony charges, or all Powers and Duties identification of the felonies were converted to misdemeanors, or of Superintendent unless there was (ii) all felony charges were dismissed; or upon § 10–13–6–10 a warrant notification and request to the prosecuting attorney pursuant to a if 365 days have elapsed since the person’s arrest Convicted Felons to felony arrest or and no felony charges have been filed against the Provide DNA probable cause person. Sample was found for a felony arrest.
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