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HB1288 • 2025

Law enforcement officers and agencies; require consent or a court order to withdraw blood from persons who are to be incarcerated or are to be released for DNA testing

Law enforcement officers and agencies; require consent or a court order to withdraw blood from persons who are to be incarcerated or are to be released for DNA testing

Crime
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Cummings, Terry
Last action
2026-02-17
Official status
House Second Readers
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Rules for Taking Blood Samples from People in Jail or Being Released

This bill changes Georgia law to require a person's permission or a court order before taking their blood sample if they are being put in jail or released.

What This Bill Does

  • Amends Code Section 35-3-161 of the Official Code of Georgia Annotated regarding DNA collection and blood withdrawal procedures.
  • Requires consent from the person to withdraw blood for DNA testing when they are about to be incarcerated.
  • Allows a court order as an alternative to personal consent for withdrawing blood in these cases.
  • Applies specifically to people who are being released and need DNA testing before leaving custody.

Who It Names or Affects

  • Law enforcement officers
  • Law enforcement agencies
  • People who are about to be incarcerated
  • People who are about to be released from incarceration

Terms To Know

Incarcerated
Being held in a jail or prison.
Consent
Permission given by the person to allow an action, such as taking blood.
Court order
A written command from a judge that allows law enforcement to take specific actions without permission.

Limits and Unknowns

  • The text does not state the exact date this bill becomes effective.
  • The source material mentions repealing conflicting laws but does not describe which laws or how conflicts are handled in detail.

Bill History

  1. 2026-02-17 Georgia General Assembly

    House Second Readers

Official Summary Text

Law enforcement officers and agencies; require consent or a court order to withdraw blood from persons who are to be incarcerated or are to be released for DNA testing