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Committee advances bill allowing DNA collection when ICE detainers lapse
Summary
The Senate Rules Standing Committee advanced SB 116, a substitute that allows local law enforcement to collect DNA from arrested noncitizen individuals if an ICE detainer is not executed within 48 hours; the committee approved the measure with one member recorded as opposed.
Senator Bearden, sponsor of Senate Bill 116, told the Rules Standing Committee that the committee substitute (LC 630075, S77) clarifies when local authorities may collect DNA from noncitizen arrestees.
"The bill will basically allow if an if an illegal alien is arrested or charged in this state, it will allow DNA to be taken," Senator Bearden said, explaining the substitute adds a provision for cases where an ICE detainer exists but ICE does not pick the person up within 48 hours.
The sponsor said the change is intended to avoid duplicative collection when federal authorities already obtain DNA, while ensuring local agencies can collect DNA when ICE cannot execute a detainer within the statutory window. "If ICE has already taken the DNA there's really no sense in us doing it. But if ICE ... cannot pick them up within 48 hours before they are released, then DNA would be taken," Bearden said, framing the measure as a public safety provision to help solve unsolved crimes.
Senator Harberson questioned whether the substitute changes the bill's scope from persons "convicted" to those merely "charged with a misdemeanor or felony," noting that different subsections in the draft use different language. The sponsor and a committee member identified as the chairman of public safety clarified the sections: one subsection addresses persons convicted of a felony while the subsection on ICE detainers adds persons charged with misdemeanor or felony offenses in the specific detainer context.
A committee member asked how DNA would be collected; the sponsor replied it would be via a "swap." No members of the public had signed up to testify.
A motion to "do pass by committee substitute" was made and seconded; the committee approved the measure, with one member recorded as opposed. The bill will proceed to the general calendar.
Next steps: SB 116 was reported out of the Rules Standing Committee and is scheduled to move to the floor under the general calendar.
