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State
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Legislation
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Statute
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Alabama
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HB 146(2009)
SB 362 (2013)
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§13-18-25
“All persons arrested for any felony offense on or after Oct. 1, 2010, shall have a DNA sample drawn or taken, as specified by the director, at the same time he or she is fingerprinted pursuant to the booking procedure or at the time of arrest.
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Alaska
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HB 152 (2009)
HB 90 (2007)
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§44.41.035
“The Department of Public Safety shall collect for inclusion into the DNA identification registration system a blood sample, oral sample, or both, from (1) a person convicted in this state of a crime against a person or a felony … (6) a person arrested for a crime against a person or a felony.”
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Arizona
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SB 1367 (2011)
HB 2207 (2008)
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§13-610
(K) If a person is arrested for any offense listed in subsection O, the law enforcement agency shall secure a sufficient sample of buccal cells or other bodily substances for DNA testing and extraction for the purpose of determining identification characteristics. The arresting authority or its designee shall transmit the sample to the department of public safety.
(O) This section applies to persons who are:
- Convicted of any felony offense.
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Arkansas*
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HB 1573 (2015)
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§12-12-1006.
“(a)(1)(A). Immediately following an arrest for an offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person if the offense is a felony or a Class A misdemeanor.
(2). In addition, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, a DNA sample of a person arrested for any felony offense.”
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California
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§296.1(1)
“Collection from any adult person following arrest for a felony offense.
Each adult person arrested for a felony offense … shall provide the buccal swab samples and thumb and palm print impressions and any blood or other specimens required pursuant to this chapter immediately following arrest, or during the booking or intake or prison reception center process or as soon as administratively practicable after arrest, but, in any case, prior to release on bail or pending trial or any physical release from confinement or custody.”
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Colorado
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SB241 (2009)
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§16-23-103
“The following persons shall submit to collection of a biological substance sample for testing to determine the genetic markers thereof… (A) every adult arrested for a felony offense or for the investigation of a felony offense. The arresting law enforcement agency shall collect the biological substance sample from the arrested person as part of the booking process.”
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Connecticut
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HB 6489 (2011)
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§54-102(g)
“Whenever any person is arrested for the commission of a serious felony and, prior to such arrest, has been convicted of a felony but has not submitted to the taking of blood or other biological sample for DNA analysis pursuant to this section, the law enforcement agency that arrested such person shall, as available resources allow, require such person to submit to the taking of a blood or other biological sample for DNA analysis to determine identification characteristics specific to the person.”
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District of Columbia*
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B 828 (2023-2024)
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§ 22-4151
“(a)(1) The Mayor may collect a DNA sample from each individual who has been charged by information, complaint, or indictment for: (A) A crime of violence. (B) a dangerous crime; (C) [certain enumerated offenses]; (D) and attempt or conspiracy to commit any of the offenses listed.”
§ 22-4151
“The following criminal offenses shall be qualifying offenses for the purposes of DNA collection . . . (1) Any felony; (2) Any offense for which the penalty is greater than one year imprisonment; (3) (lewd, indecent, or obscene acts (knowingly in the presence of a child under the age of 16 years)); (4) (certain obscene activities involving minors); (5) (sexual performances using minors); (6) (misdemeanor sexual abuse); (7) misdemeanor sexual abuse of a child or minor); and (8) attempt or conspiracy to commit any of the offenses listed.”
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Florida*
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§943.325
“It is in the best interests of the citizens of this state to establish a statewide DNA database containing DNA samples submitted by persons convicted of or arrested for felony offense and convicted of certain misdemeanor offenses.”
“2(c). Arrested for any felony offense or attempted felony offense in this state”
Misdemeanor offenses include: stalking, voyeurism, obscenity, exposing minors to harmful motion pictures or exhibitions, pornography, and surveillance of customers in merchant’s dressing rooms, “or an offense that was found, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.”
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Georgia
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HB 1105 (2023-2024)
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§ 35-3-160
“(b)(1) A sample of DNA shall be collected by oral swab or other noninvasive procedures from any individual: (A) who has been convicted of a felony.; (B) or who has been charged with a felony. (C) or who has been convicted of a felony and is subject to an immigration detainer notice.”
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Illinois
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HB 3238 (2011)
SB 2995 (2013)
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730 § 5/5-4-3
DNA can be taken after probable cause hearing for qualifying offenses: first degree murder, home invasion, predatory criminal sexual assault of a child, aggravated criminal sexual assault or criminal sexual assault.
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Indiana
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SB 322 (2017)
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§10-13-6-10
Shall provide a DNA sample to the: sheriff, in the case of a person arrested for a felony.
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Kansas
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SB 262 (2009)
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§21-2511
“Any adult arrested or charged with a felony regardless of the sentence imposed, shall be required to submit biological samples authorized by and given to the Kansas bureau of investigation in accordance with the provisions of this section.
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Louisiana
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SB 678 (2010)
HB 346 (2009)
SB 346 (2003)
HB 1377 (1997)
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§15-609
“A person who is arrested for a felony or other specified offense, including an attempt, conspiracy, criminal solicitation, or accessory after the fact of such offenses on or after Sept. 1, 1999, shall have a DNA sample drawn or taken at the same time he is fingerprinted pursuant to the booking procedure.”
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Maryland*
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HB 292 (2013)
SB 211 (2008)
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§2-504
“An individual who is convicted of a felony or a violation of [burglary statutes] shall (i) have a DNA sample collected either at the time of sentence or on intake to a correctional facility, if the individual is sentenced to a term of imprisonment; or (ii) provide a DNA sample as a condition of sentence or probation, if the individual is not sentenced to a term of imprisonment.”
Code of Maryland Regulations § 29.05.01.04
“An individual shall have a DNA sample collected if: (1) charged with a crime of violence or an attempt to commit a crime of violence; (2) charged with burglary or an attempt to commit burglary; (3) convicted of a qualifying crime; or (4) ordered by a court.”
“(B)(1) A DNA sample shall be collected during booking by the sheriff’s office, police department, regional jail, or any other entity specified by the Secretary that is responsible for booking upon being charged. (2) An arrestee sample may not be tested or placed into the Statewide DNA Data Base System before the first scheduled arraignment.”
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Michigan*
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SB 105 (2013)
SB 106 (2013)
SB 107 (2013)
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§28.176
“The department shall permanently retain a DNA identification profile of an individual obtained from a sample in the manner prescribed by the department under this act if any of the following apply:
- The individual is arrested for committing or attempting to commit a felony offense or an offense that would be a felony if committed by an adult.
- The individual is convicted of or found responsible for a felony or attempted felony, or any of the following misdemeanors: (i) disorderly person by window peeping, engaging in indecent or obscene conduct in public, or loitering in a house of ill fame or prostitution; (ii) indecent exposure; (iii) first and second prostitution violations; (iv) leasing a house for the purposes of prostitution.”
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Mississippi
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§45-47-1
“Every person who is arrested for the commission or attempted commission of a crime of violence shall provide a biological sample for DNA testing to jail or detention center personnel upon booking.”
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Minnesota
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§299C.105 – EFFECTIVE UNTIL JULY 2025
“Sheriffs shall take or cause to be taken biological specimens for the purpose of DNA analysis of the following: (1) persons who have appeared in court and have had a judicial probable cause determination on a charge or committing, or persons having been convicted or attempting to commit, any of the following: (i) murder; (ii) manslaughter; (iii) assault; (iv) robbery, aggravated robbery, or carjacking; (v) kidnapping; (vi) false imprisonment; (vii) criminal sexual conduct; (viii) incest; (ix) burglary; or (x) indecent exposure. (2) persons sentenced as patterned sex offenders; (3) juveniles who have appeared in court and have had a judicial probably cause determination on a charge of committing [murder, manslaughter, assault, robbery, kidnapping, false imprisonment, criminal sexual conduct, incest, burglary, or indecent exposure].”
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Missouri*
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SB 789 (2012)
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§650.055
DNA collected at booking for burglary in the first or second degree, felony and misdemeanors, if: crimes against the person; sexual offenses; prostitution offenses; crimes against the family; and pornography.
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New Jersey
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SB 737 (2011)
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§53:1-20.20
“Every person arrested for an offense enumerated in this subsection shall provide a DNA sample for purposes of DNA testing prior to the person’s release from custody.”
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Nevada
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SB 243 (2013)
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§176.09123
“If a person is arrested for a felony pursuant to a warrant, the law enforcement agency making the arrest shall: (c) submit the biological specimen to the appropriate forensic laboratory for genetic marker analysis in accordance with the provisions of this section.”
If there is not a warrant, the law enforcement agency can only submit after receiving notice that a court or magistrate has determined that probable cause existed for the person’s arrest.
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New Mexico
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SB 365 (2011)
SB 216 (2006)
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§29-3-10
“A person 18 years of age or over who is arrested for the commission of a felony shall provide a DNA sample to jail or detention facility personnel upon booking.”
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North Carolina*
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HB1403 (2010)
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§15A-266.3A
DNA collected for those arrested for enumerated offenses including:
1. Assault with a deadly weapon on executive, legislative or court officer and assault on inflicting serious bodily injury on executive, legislative, or court officer. 1a. First and Second-Degree Murder, 2. Manslaughter, 2a. Any felony offense (unborn victims), 3. Any offense (rape and other sex offenses).
4. Malicious castration, castration or maiming without malice, malicious maiming, malicious throwing of corrosive acid or alkali, maliciously assault in a secret manner, felonious assault with a deadly weapon with intent to kill or inflict serious injury, aggravated assault or assault and battery on an individual with a disability, patient abuse and neglect, intentional conduct proximately causes death, domestic abuse of disabled or elder adults resulting in injury, assault inflicting serious bodily injury or injury by strangulation, habitual misdemeanor assault, discharging certain barreled weapons or a firearm into occupied property, assault with a firearm or other deadly weapon upon governmental officers or employees, company policy officers, or campus police officers, adulterated or misbranded food, drugs, etc. intent to cause serious injury or death, intent to extort, assault with a firearm on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility, assault or affray on a firefighter, etc., discharging a firearm from within an enclosure, and discharge a firearm within enclosure to incite fear.
5. Kidnapping and Abduction or malicious Injury or Damage by Use of Explosive or Incendiary Device or Material
6. First- or second-degree burglary,
7. Arson.
8. Armed robbery, common law robbery, train robbery or assaulting a law enforcement agency animal, an assistance animal, or a search and rescue animal willfully killing the animal.
9. Any offenses that would require the person to register under the Sex Offender registration program.
10. Cyberstalking or secretly peeping into room occupied by another or possession of a dangerous weapon in prison resulting in bodily injury or escape, taking of hostage by prisoner, malicious conduct by prisoner.
11. Stalking.
12. Assault on emergency personnel with a dangerous weapon or substance.
13. Unlawful manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition or a nuclear, biological, or chemical weapon of mass destruction, unlawful use of a nuclear. . . weapon.
14. Child abuse inflicting serious injury, child abuse inflicting serious bodily injury.
15. Cruelty to animals, maliciously kill by intentional deprivation of necessary sustenance, cruelty to animals, maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill.
16. Attempt to conceal evidence of non-natural death by dismembering or destroying remains.
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North Dakota
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HB 1389 (2011)
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§31-13-03
“An individual 18 years of age or older who is arrested or summoned to appear before a magistrate for the commission of a felony shall provide to a law enforcement officer or correctional personnel at the time of the individual’s arrest or appearance or upon booking into a correctional facility a sample of blood or other bodily fluids for DNA law enforcement identification purposes and inclusion in the law enforcement identification databases.
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Ohio
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SB 268 (2011)
SB 77 (2010)
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§2901.07
“(B)(1)(a). A person who is 18 years of age or older and who is arrested on or after July 1, 2011, for a felony offense shall submit to a DNA specimen collection procedure administered by the head of the arresting law enforcement agency. The head of the arresting law enforcement agency shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, detention facility, or law enforcement agency office or station to which the arrested person is taken after the arrest.
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Oklahoma
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HB 2275 (2015)
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22 Okl. St. § 210
“A person 18 years of age or older who is arrested for the commission of a felony under the laws of this state, or any other jurisdiction shall, upon being booked into a jail or detention facility, submit to DNA sample collection for testing.”
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Rhode Island
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§12-1.5-8
“Every person arrested for a crime of violence who pleads guilty or nolo contendere or is convicted of any felony shall have a DNA sample taken for analysis.”
§ 12-1.5-2
Crimes of violence “include murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first-degree sexual assault, second-degree sexual assault, first-and-second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first-degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.”
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South Carolina
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§23-3-620
“Following a lawful custodial arrest, the service of a courtesy summons, or a direct indictment for: (1) a felony offense or an offense that is punishable by a sentence of five years or more; or (2) eavesdropping, peeping, or stalking, any of which are committed in this state, a person, except for any juvenile, arrested or ordered by a court must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database. Additionally, any person, including any juvenile, ordered to do so by a court, and any juvenile convicted or adjudicated delinquent for an offense contained in items (1) or (2), must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database.”
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South Dakota
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SB 133 (2008)
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§23-5A-5.2
“Any person 18 years of age or older who is arrested for qualifying offense shall provide a DNA sample upon booking or as determined by the supervising agency.”
23-5A-1. Definition of terms
“Qualifying Offense,” any felony offense under the laws of this state, a crime of violence as defined in § 22-1-2, or a violation of chapter 22-22.
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Tennessee
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SB 2667 (2011)
SB 1196 (2007)
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§40-35-321
DNA collected for enumerated violent felonies, including: First or second degree murder; Aggravated kidnapping or especially aggravated kidnapping; Aggravated assault; Aggravated child abuse; Robbery, aggravated robbery or especially aggravated robbery; Aggravated burglary or especially aggravated burglary; Carjacking; Sexual battery, sexual battery by an authority figure or aggravated sexual battery; Statutory rape by an authority figure or aggravated statutory rape; Rape, aggravated rape, rape of a child or aggravated rape of a child; Aggravated arson; Solicitation, Conspiracy, Criminal responsibility, Facilitating the commission; Being an accessory after the fact; Aggravated vehicular homicide; Criminally negligent homicide; Reckless homicide; Vehicular homicide; or Voluntary manslaughter.
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Texas*
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HB 3000 (2011)
HB 3295 (2007)
HB 8 (2007)
SB 638 (2001)
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§411.1471
This section applies to a defendant who is:
(1) arrested for any offense punishable as a felony; or
(2) convicted of an offense:
(A) under Title 5, Penal Code, that is punishable as a Class A misdemeanor, except for an offense punishable as a Class A misdemeanor under Section 22.05, Penal Code; or
(B) punishable as a Class A or B misdemeanor, as applicable, under Section 21.08, 25.04, or 43.24, Penal Code.
(b) A law enforcement agency booking a defendant immediately after fingerprinting the defendant and at the same location as the fingerprinting occurs, shall require the defendant to provide one or more specimens for the purpose of creating a DNA record.
(b-1) After a defendant is convicted, the court shall require the defendant to provide to a law enforcement agency one or more specimens for the purpose of creating a DNA record.
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Utah*
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SB 277 (2010)
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§53-10-403
“ (a) a person who has pled guilty to or has been convicted of any of the offenses under Subsection (2)(a) or (b) on or after July 1, 2002;
(b) a person who has pled guilty to or has been convicted by any other state or by the United States government of an offense which if committed in this state would be punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
(c) a person who has been booked on or after January 1, 2011, through Dec. 31, 2014, for any offense under Subsection (2)(c);
(d) a person who has been booked:
(i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13, 2014, through Dec. 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
(ii) on or after Jan. 1, 2015, for any felony offense; or
(e) a minor:
(A) who is adjudicated by the juvenile court for an offense described in Subsection (2) that is within the jurisdiction of the juvenile court on or after July 1, 2002; or
(B) who is adjudicated by the juvenile court for an offense described in Subsection (2) and is in the legal custody of the Division of Juvenile Justice Services for the offense on or after July 1, 2002; and
(ii) who is 14 years old or older at the time of the commission of the offense described in Subsection (2).
(2) Offenses referred to in Subsection (1) are:
(a) any felony or class A misdemeanor under the Utah Code;
(b) any offense under Subsection (2)(a):
(i) for which the court enters a judgment for conviction to a lower degree of offense under Section 76-3-402; or
(ii) regarding which the court allows the defendant to enter a plea in abeyance as defined in Section 77-2a-1; and any enumerated offense listed here.”
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Virginia
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SB 579 (2006)
HB 776 (2004)
HB 2661 (2003)
SB 535 (2002)
HB 892 (2002)
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§19.2-310.2:1
“Every person arrested for the commission or attempted commission of a violent felony as defined in § 19.2-297.1 or a violation or attempt to commit a violation of § 18.2-31, 18.2-89, 18.2-90, 18.2-91, or 18.2-92, shall have a sample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. After a determination by a magistrate or a grand jury that probable cause exists for the arrest, a sample shall be taken prior to the person’s release from custody.”
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Wisconsin*
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WI AB 40 (2013)
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§165.76
(1) A person shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis if he or she meets any of the following criteria:
(a) Is or was in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined, or on probation, extended supervision, parole, supervision, or aftercare supervision on or after Aug. 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085.
(ag) Is or was in prison on or after Aug. 12, 1993, and before Jan. 1, 2000, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or 948.025.
(am) Is or was adjudicated delinquent for an act that if committed by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b).
(ar) Is or was in prison on or after Jan. 1, 2000, for a felony committed in this state.
(as) Is or was found guilty of any misdemeanor on or after April 1, 2015.
(av) Is or was found guilty on or after Jan. 1, 2000, of any of the following:
1. Any felony.
(gm) Is arrested for a violent crime, as defined in s. 165.84 (7) (ab), or is taken into custody for a juvenile offense that would be a violent crime, as defined in s. 165.84 (7) (ab), if committed by an adult in this state.
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