Georgia § 35-3-160 - DNA analysis upon conviction of certain sex offenses.

§ 35-3-160. DNA analysis upon conviction of certain sex offenses.

As used in this article, the term: "Department" means the Department of Corrections. "Detention facility" means a penal institution under the jurisdiction of the department, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, parole revocation centers, and county correctional facilities. "Division" means the Division of Forensic Sciences of the Georgia Bureau of Investigation. A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other noninvasive procedure from any individual: Who has been convicted of a felony and is currently incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the State Board of Pardons and Paroles for such felony; or Who has been charged with a felony, and sentence for such offense has been imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2. Unless a DNA sample has already been collected by the department or another agency or entity, each DNA sample required by paragraph (1) of this subsection shall be collected by the detention facility which is detaining or the entity which is supervising such individual, and the sample shall be forwarded to the division. Paragraph (1) of this subsection shall not apply to any individual for a conviction for a misdemeanor, to any individual who is charged with a misdemeanor and the sentence for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding first offenders, or because he or she has been charged with a misdemeanor. DNA analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identifying characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank in accordance with Code Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code Section 35-3-163 . (Code 1981, § 35-3-160 , enacted by Ga. L. 2011, p. 264, § 3-1/SB 80; Ga. L. 2019, p. 299, § 1/HB 470.) The 2019 amendment, effective April 28, 2019, deleted former paragraph (a)(2), which read: " 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation."; redesignated former paragraph (a)(3) as present paragraph (a)(2); substituted the present provisions of paragraph (a)(2) for the former provisions, which read: "Detention facility" means a penal institution under the jurisdiction of the department used for the detention of persons convicted of a felony, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, and parole revocation centers. Such term shall also mean any facility operated under the jurisdiction of a sheriff used for the detention of persons convicted of a felony including a county jail or county correctional facility."; added paragraph (a)(3); substituted the present provisions of subsection (b) for the former provisions, which read: "Any person convicted of a felony offense who is held in a detention facility or placed on probation shall at the time of entering the detention facility or being placed on probation 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. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2011, and who currently is incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the Board of Pardons and Paroles for such offense. It shall be the responsibility of the detention facility detaining or entity supervising a convicted felon to collect the samples required by this Code section and forward the sample to the division unless such sample has already been collected by the department or another agency or entity."; and, in subsection (c), substituted "DNA" for "The" at the beginning of the first sentence, in the third sentence, substituted "identifying" for "identification" near the beginning and inserted "in accordance with Code Sections 35-3-162 and 35-3-163" near the end. Law reviews. - For article, "Evidence," see 27 Ga. St. U. L. Rev. 1 (2011). For note, "Padgett v. Donald: Why Not So Special," see 57 Mercer L. Rev. 673 (2006).