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State Laws on DNA Data Banks
Qualifying Offenses, Others Who Must Provide Sample

November 2003

All 50 states require that sex offenders provide a DNA sample. Offenders convicted of other offenses must provide a sample in some states, and many states now require all felons to provide a DNA sample to the state's database. Two states, Louisiana and Virginia, have laws authorizing arrestee sampling; and Texas law allows post-indictment samples of certain sex offenders.

State

All Felonies

Other

Juveniles

Connected with NDIS

Alabama

X

 

 

X

Alaska

X

 

X

X

Arizona

X

(by 2004)

Includes residential and criminal burglary.

X

X

Arkansas

X

Includes those persons committed for mental defect or disease for qualifying offense; and also some misdemeanor sexual offenses.

X (violent crimes only)

X

California

 

Includes those not guilty by reason of insanity for qualifying offense; includes those convicted of terrorist activity in violation of weapons of mass destruction provisions and those convicted of a qualifying offense in another state.

X

X

Colorado

X

Includes any person who has a duty to register as a sex offender, including probationers, habitual offenders as condition of parole, and those released without parole supervision.

X

X

Connecticut

X

Includes those not guilty by reason of mental disease or defect for qualifying offense; and includes persons on probation or parole prior to discharge from supervision.

 

X

Delaware

X

Includes offenders convicted of child endangerment or abandonment.

 

X

Florida

X

2001 legislation incrementally adds crimes in 2002 and 2003 and, effective 2004, includes all forcible felonies, contingent on appropriations. Includes those excluded from penal responsibility due to mental disorder, defect. Also includes persons on probation, parole, release or supervision following conviction of certain offenses.

X

X

Georgia

X

 

X

X

Hawaii

 

Includes people who are mentally unfit.

 

X

Idaho

 

 

X

X

Illinois

X

Includes people held under civil commitment under sexually dangerous those law, those found guilty but mentally ill for a sex offense, persons seeking transfer to state under interstate compact, stalking and residential burglary.

X

X

Indiana

 

Includes qualifying offenders on probation or parole.

 

X

Iowa

X

Includes qualifying parolees and offenders on work release.

 

X

Kansas

X

Includes any crime covered under offender registration law, many serious felonies, some drug offenses and certain misdemeanors in which the victim is under age 18.

X

X

Kentucky

 

Includes those convicted of unlawful transaction with a minor, promoting sexual performance of a minor, burglary I and II and class A and B felonies involving death or serious injury to the victim.

X

X

Louisiana

X

Arrestee sampling authorized to extent funding is available.

X

X

Maine

X

 

 

X

Maryland

X

Includes some misdemeanors.

X

X

Massachusetts

 

 

X

X

Michigan

X

 

X

X

Minnesota

X

 

X

X

Mississippi

X

 

 

(waiting on compliance)

Missouri

 

 

 

X

Montana

X

 

X

X

Nebraska

 

 

 

X

Nevada

 

Includes all class A or B felonies, or a category C felony that involved use or threatened use of force; also includes some drug offenses.

 

X

New Hampshire

 

Includes violent crimes.

X

X

New Jersey

X

Includes those found not guilty by reason or insanity for a qualifying offense.

X

X

New Mexico

X

 

X

X

New York

 

Includes many serious felonies and some controlled substance offenses.

 

X

North Carolina

X

Includes those found not guilty or responsible by reason of mental disease or defect for a qualifying offense; and persons on community supervision.

 

X

North Dakota

 

Many serious felonies, including burglary.

 

X

Ohio

X

 

X

X

Oklahoma

X

2001 law requires planning to incrementally add qualifying felonies to the database, to include all felony offenses by 2006.

 

X

Oregon

X

 

X

X

Pennsylvania

 

Includes violent and sexual offenders.

X

X

Puerto Rico

NA

 

 

X

Rhode Island

 

Includes any violent crime and serious felonies including burglary, and some drug offenses.

 

(waiting on compliance)

South Carolina

 

Includes qualifying offenders on community supervision.

X

X

South Dakota

X

 

X

X

Tennessee

X

Includes those persons seeking transfer to the state under interstate compact who have committed qualifying offense.

X

X

Texas

X

Expanding collection to all felons is contingent upon federal funding. A 2001 law provides for post-indictment samples of those charged with certain sex crimes.

X

X

Utah

X

Includes persons convicted in another state or under federal law and those committed as mentally incapable, both with a qualifying offense.

X

X

Vermont

 

 

 

X

Virginia

X

A 2002 law requires a DNA sample be taken from every person arrested for a violent felony, including destruction of that sample upon dismissal of charge or acquittal.

X

X

Washington

X

Includes those who have been convicted out of state or under federal law of a violent offense.

X

X

West Virginia

X

 

 

 

Wisconsin

X

Includes those found not guilty or responsible by reason of mental disease or defect for a qualifying offense.

X

X

Wyoming

X

 

X

X

For more information, contact Blake Harrison in NCSL's Denver office, (303)-364-7700; blake.harrison@ncsl.org

Link to 2004 Data

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