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Committee clarifies forensic genetic genealogy affidavit standard after concerns that language was being read to require 'cold case' exhaustion
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Summary
House Bill 301, which revises affidavit requirements for law enforcement applications to use forensic genetic genealogy, was amended in the Judicial Proceedings Committee to clarify that investigators need not exhaust all possible leads before seeking FGGS.
The Senate Judicial Proceedings Committee on April 3 amended and approved House Bill 301, which alters the requirements for sworn affidavits that authorize a law enforcement agent to initiate forensic genetic genealogy DNA analysis and search (FGGS).
Under current statute, an affidavit for FGGS must assert that reasonable investigative leads have been pursued and failed to identify the perpetrator (language commonly read to limit FGGS to cases where conventional leads are exhausted). HB 301 replaces that standard with a requirement that a prosecutor in the relevant jurisdiction approve an affidavit asserting that the identity of the perpetrator is unknown.
Committee members expressed concern at the hearing that the existing statutory phrasing has been interpreted in practice as requiring that law enforcement exhaust every possible lead before seeking FGGS, effectively limiting the tool to very old “cold” cases. Several senators said that was not the sponsors’ intent and that FGGS should not be treated as a first resort but should also not be limited only to formally exhausted cold cases.
The committee adopted an amendment that adds a construction provision clarifying that nothing in the subsection shall be construed to require that a law enforcement agency have exhausted all possible investigative leads before seeking FGGS. The change was intended to preserve a reasoned investigatory threshold while preventing an overly restrictive interpretation that would preclude earlier, appropriate uses of FGGS.
Committee counsel outlined drafting options and the sponsor said the language was intended to balance investigative practice against privacy and the invasive nature of FGGS. After adopting the construction language, the committee recorded the bill as passing unanimously with the amendment.
Why this matters: Forensic genetic genealogy is an investigative tool that can identify suspects by comparing DNA profiles to public‑facing genetic genealogy databases. The statutory language controls when prosecutors and investigators may use FGGS and whether courts or agencies interpret the statute as strictly limiting FGGS to cases where all investigative leads are exhausted.
What’s next: House Bill 301, as amended to include a construction clause clarifying the standard, will move forward from committee. The committee record shows members sought to retain a reasonable investigatory threshold while preventing a too‑narrow interpretation that would restrict the tool to only long cold cases.
