Georgia Code
Article 6A - Dna Sampling, Collection, and Analysis
§ 35-3-160. Dna Analysis in Felony Convictions and Certain Felony Charges; Performance of Tests

History. 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.
Editor’s notes.
The catchline for this Code section is set out above to better reflect the statutory provisions.
Law reviews.
For note, “Padgett v. Donald: Why Not So Special,” see 57 Mercer L. Rev. 673 (2006).
For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).

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