Summary: HB 414 (2026RS) – AN ACT relating to booking procedures in local jails (Kentucky)
Purpose and overall aim
- The bill broadens DNA collection and management related to individuals involved with felony offenses, and establishes a centralized DNA identification database controlled by the Kentucky State Police (KSP) for law enforcement use. It also modifies booking procedures in local jails to require DNA collection from certain arrestees and offenders, and sets regulations for rapid DNA instrument use and data expungement.
Key provisions and changes
1) Definitions (KRS 17.169, Section 1)
- Defines:
- DNA sample: buccal swab (formerly “blood or” swab in places) collected for identification purposes and sent to KSP for databases.
- Authorized personnel: trained agents of government authorized to collect DNA samples.
- Rapid DNA instruments: fully automated DNA analysis devices.
2) DNA sampling and collection requirements (KRS 17.170, Section 2)
- Expanded groups required to provide a DNA sample:
- Any adult arrested, indicted for, or charged with a felony after the Act’s effective date.
- Any juvenile (14+) adjudicated delinquent for certain offenses (e.g., any felony in Chapter 510, incest, criminal attempt/conspiracy to those offenses, juvenile sexual offenders under KRS 635.510).
- For felons previously convicted: DNA sample collection continues under existing pre-2009 framework.
- Duty of jailers/corrections staff: ensure DNA samples are collected during booking for felony arrestees and submitted to the KSP laboratory using provided kits.
- Exceptions:
- If the person’s identity and prior DNA sample on file are verified through an approved mechanism, a new sample is not required.
- New or repeated collection:
- If a sample was not previously collected or was unusable, a sample may be collected at any point during the pendency of a felony charge after the Act’s effective date.
- Authorized personnel may collect a second DNA sample processed with rapid DNA instruments; the cabinet must establish standards for rapid DNA instrument operation.
- Additional provisions:
- Sex offenders required to provide a DNA sample (even if not otherwise required under KRS 17.510).
- Upon release after sentencing/adjudication, individuals must report to probation/parole and have DNA collection as applicable.
- Civil liability protections for those collecting DNA, provided collection is performed per regulations.
- Refusal to provide a DNA sample is a Class A misdemeanor for each violation.
- Tampering with DNA samples/containers constitutes a Class D felony.
- Good faith DNA samples can be used in investigations until expungement.
3) DNA database and data handling (KRS 17.175, Section 3)
- Establishes a centralized DNA identification database within KSP, designed to be compatible with national DNA identification indexes for interagency data exchange.
- Purposes:
- Aid identification, detection, or exclusion of individuals in investigations of sex offenses, violent crimes, and other crimes, as well as locating missing/unidentified persons.
- Authorized uses:
- Analysis of DNA samples is restricted to criminal justice and law enforcement purposes (no medical/genetic disorder identification or non-criminal uses).
- Laboratory responsibilities:
- KSP laboratory receives, analyzes, classifies DNA samples from corrections, juvenile justice, and other sources.
- File results in centralized databases; prioritize analysis of sexual assault kits when applicable.
- Annual reporting: the KSP must report yearly average completion rates to the Legislative Research Commission.
- Expedited equipment procurement may be allowed without usual bidding if approved in certain circumstances; documentation requirements apply.
- If funds are insufficient, completion-time goals may be waived.
- Data privacy:
- DNA identification records are confidential and not public records; exempt from certain public-record provisions.
- Elimination provisions: DNA data arising from elimination samples (e.g., KRS 216B.400) are not included in the centralized database.
- Expungement:
- Automatic expungement and destruction of DNA profiles/samples when dispositions are favorable to the accused (acquittal, dismissal, nolle prosequi, nonfelony conviction, or diversion with dismissal-divert).
- Expungement upon final disposition notice, without a formal request.
- If felony conviction later expunged under another statute (KRS 431.073), the person may request expungement of DNA records with proper documentation.
- Administrative regulations:
- The cabinet will promulgate regulations related to collection procedures, database usage, and integrity.
4) Miscellaneous and governance (both versions)
- The bill requires administrative regulations to govern DNA collection, rapid-DNA instrument use, data integrity, and expungement processes.
- The bill reiterates that DNA sample collection and handling must align with medical-regulatory expectations, but authorized personnel are not practicing medicine.
- Penalties for spurious dissemination or misuse of DNA information remain Class D felonies.
Potential impact and scope
- Affected parties: individuals suspected or charged with felonies (and certain juveniles) at booking, as well as those who must collect DNA; local jails, police, and sheriff departments; KSP forensic laboratory; and public safety agencies.
- Operational changes:
- Local jurisdictions will need DNA collection kits and processes integrated into booking procedures.
- Training for law enforcement and jail staff, with training provided by KSP (costs borne by local agencies in terms of supplies and kit usage rather than extensive training expenses).
- Establishment and maintenance of a centralized DNA database with inter-agency data sharing.
- Timeline and implementation:
- The Act references “after the effective date” for expanded collection, with ongoing regulatory development and reporting requirements.
- Promulgation of administrative regulations under KRS Chapter 13A to implement collection standards, rapid-DNA standards, and database integrity.
- Privacy and civil-liberty considerations:
- DNA records are confidential and not public records; data is restricted to law enforcement purposes.
- Automatic expungement provisions reduce long-term retention in cases of non-felony outcomes or diversion.
Overall, HB 414/GA (and the House Committee Substitute version HB 414/HCS 1) significantly expands mandatory DNA testing to a broader set of felony arrestees and certain juveniles at the booking stage, creates a centralized, interoperable DNA database, allows limited use of rapid DNA processing, and establishes expungement pathways to protect individuals when dispositions are not convictions for felonies.
