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NCSL Home > State & Federal Issues: Issue Areas > Criminal Justice > | Add to MyNCSL |
State Laws on DNA Data Banks
|
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
© 2008 National Conference of State Legislatures, All Rights Reserved
Denver Office: Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230 | Map
Washington Office: Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001