The bill amends the DNA Identification Profiling System Act to establish new guidelines for the retention and disposal of DNA identification profiles. It mandates that the Department of State permanently retain DNA profiles from individuals arrested for or convicted of certain felony offenses and specific misdemeanors, including those related to commercial sexual activity. The bill also clarifies that if an individual already has a DNA sample on file that meets the requirements, they are not required to provide another sample. Additionally, it outlines the circumstances under which DNA samples must be disclosed, including for law enforcement identification purposes and in judicial proceedings.

Key changes include the removal of outdated terms related to prostitution and the introduction of more inclusive language regarding commercial sexual activity. The bill also specifies the process for collecting and forwarding DNA samples, the assessment fees associated with DNA collection, and the conditions under which DNA samples must be disposed of. It emphasizes that the burden of requesting the destruction of DNA samples lies with law enforcement and the prosecution, not the individual. The act will take effect 90 days after being enacted into law, contingent upon the passage of House Bill No. 5016.

Statutes affected:
House Introduced Bill: 28.176