State Laws on DNA Data Banks
Qualifying Offenses, Others Who Must Provide Sample

July 2008

All 50 states require that convicted sex offenders provide a DNA sample, and states are increasingly expanding these policies to include all felons or many serious felony offenders. To date, 46 states require that all convicted felons provide a DNA sample to the state’s database.

Eleven states to date specify certain misdemeanors among those who must provide a DNA sample. Some are misdemeanors for which sex offender registration is required; others states specify certain sex offenses or child victim offenses.

Twelve states, Alaska, Arizona, California, Kansas, Louisiana, Minnesota, New Mexico, North Dakota, South Dakota, Tennessee, Texas and Virginia, now have laws authorizing arrestee sampling. The Texas law allows post-indictment samples of certain sex offenders. Minnesota's passed in 2005, similarly requires a DNA sample after probable cause determination in a charge of one of many serious felonies. Tennessee also will take DNA from arrestees in violent felonies upon the finding of probable cause. California’s Proposition 69, approved by voters on November 2, 2004, requires DNA samples of adults arrested for or charged with a felony sex offense, murder or voluntary manslaughter, or attempt of these crimes. Starting in 2009, the measure requires arrestee sampling be expanded to arrests for any felony offense. The same measure expanded DNA testing to all convicted felons. In 2006, Kansas added the requirement that felony or drug sentencing guidelines grid level 1 or 2 crime arrestees provide a DNA sample; and will expand in mid-2008 to all felony arrestees. New Mexico also enacted arrestee samples from specified violent felons in 2006.

DNA data bases in all states today are connected to the National DNA Index System, which is run by the Federal Bureau of Investigation for federal and state information sharing.

State

All Felonies

Some Juveniles

Some Misdemeanors

Some Arrestees

Not Guilty By Mental Defect or GBMI

Other

Alabama
X

Alaska
X

X
X -- Violent felonies.

Arizona
X

X

X -- Many serious felonies. Includes residential and criminal burglary.

Arkansas
X

X -- Violent crimes only.
X -- Some sexual offenses.
X

California
X

X
X -- Expansion to all felon arrestees starts in 2009. Includes those convicted of terrorist activity in violation of weapons of mass destruction provisions; and those convicted of a qualifying offense in another state.

Colorado
X

X
Includes any person who has a duty to register as a sex offender, including probationers, habitual offenders as condition of parole, and those released without parole supervison.

Connecticut
X

X
Includes persons on probation or parole prior to discharge from supervision.

Delaware
X

X -- Certain child endangerment or abandonment crimes.

Florida
X

X
X -- Many child-victim crimes and stalking, voyeurism.
X
Includes persons on probation, parole, release or supervision following conviction of certain offenses.

Georgia
X

X
Includes probationers convicted of qualifying offense.

Hawaii
X

X

X
Includes qualifying persons in prison, on probation or parole, parole violators.

Idaho

X
Most felons are included.

Illinois
X

X

X -- Any person required to register as a sex offender, includes some misdemeanors.
Includes people held under civil commitment law, those found guilty but mentally ill for a sex offense, persons seeking transfer to state under interstate compact, stalking and residential burglary.

Indiana
X

Includes qualifying offenders on probation or parole.

Iowa
X

X
X Any person required to register as a sex offender. Any criminal offenses against minors included.
X
Includes qualifying parolees and offenders on work release and offenders receiving a deferred judgment of felony.

Kansas
X

X
X -- Felony or drug grid level 1 or 2; expands after June 30, 2008 to include all persons arrested for a felony. Includes any crime covered under offender registration law, many serious felonies, some drug offenses.

Kentucky
X

X
Includes those convicted of unlawful transaction with a minor, promoting sexual performance of a minor, Burglary I and II and Class A and B felonies involving death or serious injury to the victim.

Louisiana
X

X
X -- Authorized to extent funding is available.

Maine
X

X
(May include a lesser included offense if a qualifying offense was originally charged.) Includes all Class A, B, C serious crimes and Class D and E convictions if the person had prior felony conviction for which DNA not collected.

Maryland
X

X
Includes some misdemeanors.

Massachusetts
X

X

Michigan
X

X

Minnesota
X

X
(May include offenses "arising out of same set of circumstances.") X -- Specified serious crimes upon judicial finding of probable cause.

Mississippi
X

Missouri
X

Montana
X

X

Nebraska

Nevada
X

X -- Failure to register as a convicted person. Includes all Class A or B felonies, or a Category C felony that involved use or threatened use of force; also includes some drug offenses.

New Hampshire

X
Includes violent crimes.

New Jersey
X

X
X -- Any crime for which a sentence of imprisonment of 6 months or more is imposed.
X

New Mexico
X

X
X -- Specific violent felonies.

New York
X

X -- Many misdemeanors. Includes many serious felonies and some controlled substance offenses.

North Carolina
X

X
Includes persons on community supervision.

North Dakota
X

X -- All felonies – effective 01/09. Many serious felonies, including burglary.

Ohio
X

X
X -- Certain child victim offenses.

Oklahoma
X

2001 law requires planning to incrementally add qualifying felonies to the database, to include all felony offenses by 2006.

Oregon
X

X

Pennsylvania

X
Includes violent and sexual offenders.

Rhode Island
X

South Carolina
X

X
(May be required by court order for any offense.) Includes qualifying offenders on community supervision.

South Dakota
X

X
X -- Felonies punishable by 5 years or more in prison.

Tennessee
X

X
X -- Violent felonies, upon the finding of probable cause. Includes those persons seeking transfer to the state under interstate compact who have committed qualifying offense.

Texas
X

X
(May be required by court order for any offense.) X -- Post-indictment only in certain sex crimes. Expanding to all felons contingent upon federal funds.

Utah
X

X
X -- Class A misdemeanors. Others may qualify if convicted on lower degree of qualifying offense.
X
Includes persons convicted in another state of a qualifying offense. Includes all persons who must register as a sex offender.

Vermont
X

(Only if as part of a plea agreement.)

Virginia
X

X
X -- Violent felonies, including attempts.

Washington
X

X
Includes those who have been convicted out of state or under federal law of a violent offense. Includes all persons who must register as a sex offender.

West Virginia
X

Wisconsin
X

X
X -- Some misdemeanors for which sex offender registration is required.
X

Wyoming
X

X
Includes all persons required to register as a sex offender.

For more information, contact NCSL’s Denver office, (303)-364-7700; cj-info@ncsl.org

Posted June 20, 2008

State Laws on DNA Data Banks Qualifying Offenses, Others Who Must Provide Sample

July 2008

State Laws on DNA Data Banks
Qualifying Offenses, Others Who Must Provide Sample