10 LC
29 4038
House
Bill 1033
By:
Representatives Teilhet of the
40th,
Wix of the
33rd,
Neal of the
1st,
Ramsey of the
72nd,
Gordon of the
162nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a short title; to amend Code Section 24-4-60 of the Official Code of
Georgia Annotated, relating to requirement for DNA analysis of blood of persons
convicted of certain sex offenses or convicted of a felony and incarcerated in a
state correctional facility, so as to provide for DNA analysis of persons
arrested for felony offenses; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Johnia Berry DNA Saves Act of
2010."
SECTION
2.
Code
Section 24-4-60 of the Official Code of Georgia Annotated, relating to
requirement for DNA analysis of blood of persons convicted of certain sex
offenses or convicted of a felony and incarcerated in a state correctional
facility, is amended by adding two new subsections to read as
follows:
"(d)(1)
On and after July 1, 2010, any person who is arrested for a felony offense,
shall 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.
(2)
After a determination by a magistrate or a grand jury that probable cause exists
for the arrest, but prior to the person's release from custody, the arresting
law enforcement agency shall be responsible for collecting such sample in
accordance with rules and regulations established by the Division of Forensic
Sciences of the Georgia Bureau of Investigation. The court or magistrate shall
make the provision of a specimen a condition of the person's release on bond or
recognizance if bond or recognizance is granted.
(3)
The analysis shall be performed by the Division of Forensic Sciences of the
Georgia Bureau of Investigation. The Division of Forensic Sciences of the
Georgia Bureau of Investigation shall be authorized to contract with individuals
or organizations for services to perform such analysis. The identification
characteristics of the profile resulting from the DNA analysis shall be stored
and maintained by the Georgia Bureau of Investigation in a DNA data bank and
shall be made available only as provided in Code Section 24-4-63.
(4)
A person whose DNA profile has been included in the data bank pursuant to
paragraph (1) of this subsection may request that it be expunged on the
grounds that the charges for which the sample was taken were dead docketed,
dismissed, reduced to a misdemeanor, or if the person was acquitted. The
Georgia Bureau of Investigation shall purge all records and identifiable
information in the data bank pertaining to such person and destroy all samples
from such person upon receipt of a written request that such data be expunged,
pursuant to this paragraph, and a certified copy of the (A) court order dead
docketing or dismissing the charges, (B) sentencing order showing the charges
were reduced to a misdemeanor, or (C) court order reversing and dismissing the
conviction; provided, however, that the Georgia Bureau of Investigation shall
verify that there is no other pending qualifying warrant for arrest or
conviction that would otherwise require that the sample remain in the data
bank.
(e)
A person whose DNA profile has been included in the data bank pursuant to
subsection (d) of this Code section shall not be required to have his or her DNA
collected pursuant to subsection (b) or (c) of this Code
section."
SECTION
3.
This
Act shall become effective on July 1, 2010.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.