Alaska Stat. § 44.41.035 - DNA identification system
"The Department of Public Safety shall collect for inclusion into the DNA registration system a blood sample, oral sample, or both, from… a person arrested for a crime against a person or a felony… or a law or ordinance with elements similar to a crime against a person or a felony."
H.B. 146 (2009) effective Oct. 1, 2010, amends Ala. Code § 36-18-24 (2009)
"The act requires the collection of DNA from any person arrested for a felony offense or any sexual offense after October 1, 2010."
Ark. Code Ann. § 12-12-1006 (2009) - Fingerprinting, DNA sample collection, and photographing
"[A] law enforcement official at the receiving criminal detention facility must take, or cause to be taken, a DNA sample of a person arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, or sexual assault in the second degree."
Ariz. Rev. Stat. § 13-610 (2009) - DNA testing
"If a person is arrested for any offense listed… in this section [of criminal code] and is transferred by the arresting authority to a state, county or local law enforcement agency or jail, the arresting authority or its designee shall secure a sufficient sample of buccal cells or other bodily substances for [DNA] testing and extraction from the person for the purpose of determining identification characteristics."
Cal. Penal Code § 296 (2009)
"The following persons shall provide buccal swab samples… any adult person arrested or charged with any felony offense."
Colo. Rev. Stat. § 16-23-103 (2014) - Collection of biological samples from persons arrested for or charged with felonies
"Every adult arrested on or after September 30, 2010, for a felony offense or for the investigation of a felony offense. The arresting law enforcement agency shall collect the biological substance sample from the arrested person as part of the booking process."
Conn. Gen. Stat. § 54-102g
"Whenever any person is arrested on or after October 1, 2011, for the commission of a serious felony and, prior to such arrest, has been convicted of a felony… the law enforcement agency that arrested such person shall, as available resources allow, require such person to submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis."
Fla. Stat. § 943.325 (2009) - DNA database
"[Anyone] arrested for any felony offense or attempted felony offense in this state… shall submit a DNA sample at the time he or she is booked into a jail, correctional facility, or juvenile facility."
730 ILCS 5/5-4-3
"[A]ny person arrested for any of the following offenses, after an indictment has been returned by a grand jury, or following a hearing… and a judge finds there is probable cause… or an arrestee has waived a preliminary hearing shall be required to provide a specimen of blood, saliva, or tissue within 14 days after such indictment or hearing at a collection site designated by the Illinois Department of State Police: (A) first degree murder; (B) home invasion; (C) predatory criminal sexual assault of a child; (D) aggravated criminal sexual assault; or (E) criminal sexual assault."
Kan. Stat. Ann. § 21-2511 (2009) - Collection of fingerprints, blood, saliva or other biological samples from certain persons
"[A]ny adult arrested or charged or juvenile placed in custody for or charged with the commission or attempted commission of any felony."
La. Rev. Stat. Ann. § 15:609 (2009) - Drawing or taking of DNA samples
"A person who is arrested for a felony or other specified offense, including an attempt, conspiracy, criminal solicitation, or accessory after the fact of such offenses… shall have a DNA sample drawn or taken at the same time he is fingerprinted pursuant to the booking procedure."
Md. Code Ann., Public Safety § 2-504 (2013)
"[A] DNA sample shall be collected from an individual who is charged with: 1. a crime of violence or an attempt to commit a crime of violence; or 2. burglary or an attempt to commit burglary."
"A DNA sample collected from an individual charged with a crime… may not be tested or placed in the statewide DNA data base system prior to the first scheduled arraignment date unless requested or consented to by the individual..."
Mich. Comp. Laws § 750.520m (2009) - DNA identification profiling; chemical testing; manner of collecting and transmitting samples; existing DNA identification profile; disclosure; assessment; report; definitions
"A person shall provide samples for chemical testing for DNA identification profiling… [if] the individual is arrested for a violent felony."
Minn. Stat. §299C.105 (2009) - DNA Data Required
"Sheriffs, peace officers, and community corrections agencies operating secure juvenile detention facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis … [of] persons who have appeared in court and have had a judicial probable cause determination on a charge of committing, or persons having been convicted of or attempting to commit… murder… manslaughter… assault… robbery… kidnapping… false imprisonment… criminal sexual conduct… incest… burglary… indecent exposure… patterned sex offenders… or juveniles who have appeared in court on a charge of committing [a crime.]"
Mo. Rev. Stat. § 650.055 (2013) - Felony convictions for certain offenses to have biological samples collected
"Every individual who: (1) Is found guilty of a felony or any offense…; (2) Is seventeen years of age or older and arrested for burglary in the first degree… or burglary in the second degree… or a felony offense…; or (3) Has been determined to be a sexually violent predator…; or (4) Is an individual required to register as a sexual offender… shall have a fingerprint and blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis."
On July 1, 2014, a law went into effect that requires DNA collection upon arrest for violent crimes. The law cannot be implemented until state funds are available for training and DNA swabbing.
N.C. Gen. Stat. § 15A-266.3A - DNA Sample Required for DNA Analysis Upon Arrest for Certain Offenses, DNA Sample Upon Arrest
"[A] DNA sample for DNA analysis and testing shall be obtained from any person who is arrested for committing an offense described in [this statute.] The arresting law enforcement officer shall obtain, or cause to be obtained, a DNA sample from an arrested person at the time of arrest, or when fingerprinted. However, if the person is arrested without a warrant, then the DNA sample shall not be taken until a probable cause determination has been made…"
N.D. Cent. Code § 31-13-03 (2013) - DNA Analysis - Individuals to be tested - Costs
"An individual eighteen years of age or over who is arrested or summoned to appear before a magistrate for the commission of a felony shall provide to a law enforcement officer or correctional personnel at the time of the individual's arrest or appearance or upon booking into a correctional facility a sample of blood or other body fluids for DNA law enforcement identification purposes and inclusion in the law enforcement identification databases."
N.J. Rev. Stat § 53:1-20.20
"Every person arrested for an offense enumerated in this subsection [including murder, manslaughter, sexual offenses, and aggravated assault of the second degree] shall provide a DNA sample for purposes of DNA testing prior to the person's release from custody."
N.M. Stat. § 29-3-10 (2011) - DNA Collection from persons arrested
"A person eighteen years of age or over who is arrested for the commission of a felony under the laws of this state or any other jurisdiction shall provide a DNA sample to jail or detention facility personnel upon booking."
Nev. Rev. Stat. § 176.0913
"If a person is arrested for a felony without a warrant, the law enforcement agency making the arrest shall… [u]pon booking the person into a city or county jail or detention facility, and before the person is released from custody, obtain a biological specimen from the person, through a cheek swab."
"[Law enforcement shall] submit the biological specimen to the appropriate forensic laboratory for genetic marker analysis… after receiving notice that a court or magistrate has determined that probable cause existed for the person’s arrest."
Ohio Rev. Code § 2901.07 (2013)
"[A] person who is eighteen years of age or older and who is arrested on or after July 1, 2011, for a felony offense shall submit to a DNA specimen collection procedure administered by the head of the arresting law enforcement agency."
Okla. Stat. tit. 74, § 150.27a - OSBI Combined DNA Index System (CODIS) Database
"[F]or the purpose of collecting and storing blood or saliva samples and DNA profiles… upon arrest, any alien unlawfully present under federal immigration law. The purpose of this database is the detection or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes in which biological evidence is recovered."
S.C. Code Ann. § 23-3-620 (2013) - When DNA samples required
"Following a lawful custodial arrest, the service of a courtesy summons, or a direct indictment for: (1) a felony offense or an offense that is punishable by a sentence of five years or more; or (2) eavesdropping, peeping, or stalking… a person, except for any juvenile, arrested or ordered by a court must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database."
S.D. Codified Laws §23-5A-5.2 (2013) - Adult arrested for qualifying offense required to provide DNA sample
"Any person eighteen years of age or older who is arrested for a qualifying offense shall provide a DNA sample upon booking or as determined by the supervising agency."
Tenn. Code Ann. § 40-35-321 (2010) - Collection of biological specimens for DNA analysis — Persons convicted of certain offenses — Condition of release from imprisonment.
"When a person is arrested on or after January 1, 2008, for the commission of a violent felony… the person shall have a biological specimen taken, for the purpose of DNA analysis… After a determination by a magistrate or a grand jury that probable cause exists for the arrest, but prior to the person's release from custody, the arresting authority shall take the sample using a buccal swab collection kit for DNA testing."
Tex. Government Code Ann. § 411.1471 (Vernon 2009) - Records of Persons Charged with or Convicted of Certain Felonies
"This section applies to a defendant who is: (1) indicted or waives indictment for a felony prohibited or punishable under [the Texas Penal Code]; (2) arrested for a felony… having been previously convicted of or placed on deferred adjudication for [a qualifying] offense."
Utah Code § 53-10-403 - DNA specimen analysis -- Application to offenders, including minors
"Any person who… has been booked on or after January 1, 2011, for any offense under Subsection (2) [including a felony or class A misdemeanor, or any violent felony]."
Va. Code § 19.2-310.2:1 (2013) - Saliva or tissue sample required for DNA analysis after arrest for a violent felony
"Every person arrested for the commission or attempted commission of a violent felony… shall have a sample of his saliva or tissue taken for DNA (deoxyribonucleic acid) analysis… After a determination by a magistrate or a grand jury that probable cause exists for the arrest, a sample shall be taken prior to the person's release from custody."
Vt. Stat. Ann. tit. 20 §1933 (2013) - DNA sample required
"The following persons shall submit a DNA sample: …A person for whom the court has determined at arraignment there is probable cause that [the arrested] person has committed a felony in this state on or after July 1, 2011."
Wis. Stat. § 165.76 (2013)
"A person shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid [DNA] analysis if he or she… [is] arrested for a felony, or is taken into custody for a juvenile offense that would be a felony if committed by an adult in this state."