DNA Collection in Georgia
In 2011 and 2013 bills were introduced into the Georgia Legislature to allow for the collection of DNA from those arrested for a felony. In 2011, House Bill 288 (HB 288) called for DNA to be collected as a condition of bail for certain serious felony offenses prior to conviction. HB 288 did not make it to a vote and died after House Second Readers.
Likewise, in 2011, Senate Bill 80 (SB 80) was introduced to allow for DNA collection of a person arrested for a felony offense if there was a subsequent find of probable cause. SB 80s pre-conviction DNA collection raised constitutional concerns, so the bill was eventually amended to apply only to DNA collection after a conviction, not just an arrest or a finding of probable cause after arrest. SB 80 was passed and signed into current Georgia Law that allows post-conviction DNA collection of felons. (The concerns in 2011 were the same concerns the United States Supreme Court deemed as not a violation of the Constitution in 2013.)
Also, in 2013, Senate Bill 135 was introduced, which was an almost the exact same bill as 2011s Senate Bill 80. SB 135 did not make it to a vote and died after House Second Readers.
In 2014, there will certainly be at least one bill similar to 2011s SB 80 and 2013s SB 135 introduced in the Georgia Legislature making it the law in Georgia to have all of Georgias felony arrestees submit to a DNA collection.
The 2014 Georgia Law will likely be constitutional under Maryland v. King, but will be challenged in the Georgia Supreme Court to make sure it is valid under the Georgia Constitution, not just the U.S. Constitution.
- See more at:
http://www.gainesvillegalawyer.com/...m-defendants-in-georgia/#sthash.eOf80Luo.dpuf
