Arresting DNA: The Evolving Nature of DNA 2025

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As of January 1, 2009, adults arrested for any felony offense are subject to DNA collection. Note: Prior felony convictions do not trigger DNA collection from any arrestees. The arrestee provision is not retroactive.
Maryland and Montana Pass the Nations First Laws Restricting Law Enforcement Access to Genetic Genealogy Databases.
31 states have enacted legislation to require DNA from certain felony arrestees. To date, 19 states have enacted legislation to require DNA collection from all felony arrests which has expanded their ability to provide justice to countless victims, prevent horrific crimes and exonerate the innocent.
The rationale behind this legislation is that law enforcement agencies can match DNA evidence collected from crime scenes to individuals in the database by expanding the DNA database. This process aids in identifying and apprehending perpetrators, thereby solving crimes and preventing future offenses.
The arrestee shall be transported, along with the signed Use of Force to Obtain DNA form, to the Inmate Reception Center for a DNA sample (blood) to be taken. Inmate Reception Center personnel will collect the DNA sample following the policies and procedures of Correctional Services Division.
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Penal Code 295, also known as the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (The DNA Act), requires that a DNA sample be taken from all adults arrested for or charged with any felony offense immediately following arrest or during the booking process (Penal Code 296.1(a)(1)(A); 296(a)(2
Yet Arizona and California are among just 12 states that employ familial DNA in criminal cases.

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