Bill Text: GA HB288 | 2011-2012 | Regular Session | Introduced

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Bill Title: Bail; certain offenses collect DNA as condition of bail; require

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2011-02-23 - House Second Readers [HB288 Detail]

Download: Georgia-2011-HB288-Introduced.html

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11 LC 29 4583

House Bill 288

By: Representatives Pak of the 102nd, Ramsey of the 72nd, Sheldon of the 105th, Martin of the 47th, Neal of the 1st, and others

A BILL TO BE ENTITLED
AN ACT

To provide for a short title; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to require as a condition of bail for certain offenses that DNA collection be performed on the person seeking bond; to provide for procedure; to provide for a reasonable fee; to provide for expungement under certain circumstances; to provide for related matters; 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 Act."

SECTION 2.

Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, is amended by adding a new subsection to read as follows:

"(k)(1) A person charged with any offense which is bailable only before a judge of a superior court as provided in subsection (a) of this Code section shall be required, as a condition of bond, to have 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. Prior to the person's release from custody on bond or recognizance, the law enforcement entity responsible for releasing such person on bond or recognizance shall be responsible for collecting a DNA sample in accordance with rules and regulations established by the Division of Forensic Sciences of the Georgia Bureau of Investigation and notifying the person of his or her right to petition to exclude his or her DNA from the data bank in accordance with paragraph (4) of this subsection.

(2) The Division of Forensic Sciences of the Georgia Bureau of Investigation rules and regulations shall include a reasonable fee to offset the costs to the law enforcement entity for the collection and transportation of DNA and costs to the Georgia Bureau of Investigation for the storage and analysis of DNA collected pursuant to this subsection. Such fee shall be paid by the person posting bond or being released on his or her own recognizance; provided that the law enforcement entity releasing such person on bond or recognizance shall retain their portion of the fee and submit the balance of the fee to the Georgia Bureau of Investigation which shall be paid over into the general fund of the state treasury.

(3) An analysis of DNA collected pursuant to this subsection shall be performed in conformity with Article 4 of Chapter 4 of Title 24, as if the DNA was being collected pursuant to Code Section 24-4-60. The samples shall be transported to the Division of Forensic Sciences of the Georgia Bureau of Investigation not more than 15 days following withdrawal and the identification characteristics of the profile resulting from the DNA analysis shall be analyzed, stored, and maintained in the DNA data bank in accordance with Code Section 24-4-62 and shall be disseminated only as provided in Code Section 24-4-63.

(4) A person whose DNA profile has been included in the data bank pursuant to this subsection may petition the superior court for the jurisdiction in which he or she was arrested and request that his or her DNA profile be expunged on the grounds that he or she was acquitted or the charges for which the sample was taken were dead docketed or dismissed. Such motion shall be filed within 60 days of the court order dead docketing or dismissing the charges or court order reversing and dismissing the conviction. 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 upon receipt of a certified copy of the court order granting expungement; 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.

(5) A person whose DNA profile has been included in the data bank pursuant to this subsection shall not be required to have his or her DNA collected pursuant to subsection (b) or (c) of Code Section 24-4-60."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.