The proposed bill establishes the crimes of unlawful use of DNA in three degrees, outlining specific actions that constitute violations and the corresponding penalties. The first degree involves the intentional sale or transfer of another individual's DNA sample or genetic data without express consent, classified as a Class C felony. The second degree includes submitting another individual's DNA for genetic testing or disclosing genetic data without consent, classified as a Class D felony. The third degree pertains to the collection or retention of DNA samples without consent, classified as a Class A misdemeanor. Each violation is treated as a separate offense.

The bill also specifies that express consent must be obtained through clear disclosure regarding the use of DNA samples or genetic data. Notably, it includes exceptions for law enforcement purposes, evidence in criminal investigations, compliance with legal orders, and actions by genetic testing companies that adhere to existing regulations. The act is set to take effect on October 1, 2025. The legal language that is inserted includes definitions for DNA, DNA sample, express consent, genetic data, and genetic testing, while no deletions from current law are indicated in the text provided.

Statutes affected:
Introduced: 8-43-2
Engrossed: 8-43-2