Staff Analysis of the Legislation
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SB 77 amends O.C.G.A. Article 6A of Chapter 3 of Title 35, relating to the provisions for DNA sampling, collecting, and analysis of individuals arrested and convicted of felony offenses. SB 77 amends O.C.G.A. § 35-3-161 by allowing a sample of DNA to be collected from certain individuals whose felony convictions or arrests fall under certain parameters. The new Code Section § 35-3-161 will also require that containers of blood samples and oral swabs be sealed and labeled with the subjects name, social security number, date of birth, race, and gender; the containers shall also be sealed and secured to prevent tampering. SB 77, Section 5 amends O.C.G.A. § 35-3-165, relating to the expungement of DNA profile in the data bank. An individual may request their DNA profile be expunged from the DNA database on the grounds that: the individual has been acquitted of the felony charges; all of the felony charges have been reduced to misdemeanors; the felony charges have been placed on the dead docket for more than 12 months; or the prosecuting attorney has otherwise dismissed the charges. O.C.G.A. § 35-3-165 will require the bureau to purge all records and destroy all samples pertaining to the individual upon receipt of a written request of expungement and a certified copy of: the judgement of acquittal; the sentencing order showing the reduction of all felony charges to misdemeanors; the court order dead docketing the felony charges; or documentation from the prosecuting attorney stating that the charges were dismissed. SB 77, Section 6 allows for the court to add as a condition of bail that the accused ensure that their DNA sample be provided: within 15 days of a finding of probable cause for his or her arrest; their release upon their own recognizance; or their release on bail. |
