Idaho

Recent / Pending Legislation

• SB 1226 (2026, enacted) – Amends, repeals, and adds to existing law to revise provisions and requirements regarding collection of DNA samples and thumbprint impressions.

Arrestees: No. Not Booking Station Rapid Ready. There may be language that specifically prohibits arrestee collections. See Idaho Code Section 19-5506(2): “Absent consent or a warrant authorizing DNA collection based upon probable cause, no person shall be required to provide a DNA sample unless the person has been convicted of, or pleads guilty to, any felony crime, the attempt to commit any felony crime or any crime that requires sex offender registration…”

Convicted Offenders: Yes.

Qualifying Crimes: Conviction of (or guilty plea to) a “serious crime” as defined in Idaho Code § 19-5502(10) — any felony, an attempt to commit a felony, or any crime requiring sex offender registration under §§ 18-8304 and 18-8410. As amended in 2026 (S.B. 1226, ch. 40), the mandate extends to misdemeanor crimes qualifying as “serious crimes” for convictions or pleas on or after July 1, 2026; and absent consent or a probable-cause warrant, no one may be required to give a sample unless convicted of, or pleading guilty to, a serious crime. See Idaho Code § 19-5506(1)–(3).

Point of Collection: Sample is taken when: (i) After conviction or guilty plea but before sentencing upon application by the prosecuting attorney, the attorney general, or the Idaho state police upon a showing that early collection of such samples will be in the best interest of justice; (ii) during the intake process at facility or as soon as practicable (and, in any event, prior to final discharge, parole, furlough, or release from imprisonment or confinement); (iii) if the person bypasses a prison inmate reception center, then prior to physical release from custody; if the person is not incarcerated at the time of sentencing, then the court shall order the person to report within 10 working days to the collection facility; when the state accepts an offender from another state and the offender is not confined, then within 10 working days after reporting to the supervising agent or of notice to the offender, whichever occurs first; when the state accepts an offender from another state and the offender is confined, then as soon as practicable after receipt in a state or county correctional facility (and in any event, before completion of the person’s term of imprisonment). Any person subject to DNA collection who has not otherwise provided a sample shall provide a sample within 10 working days of notification of the requirement to produce a sample

Expungement: The Idaho State Police must expunge the DNA sample and all identifiable database and databank information relating to the conviction upon receipt of a court order verifying that the applicant made the required showing at a noticed hearing (that the conviction was reversed and the case dismissed), together with: (a) a written expungement request under the statute; (b) a certified copy of the order reversing and dismissing the conviction; (c) proof of written notice to the prosecuting attorney and the bureau of forensic services that expungement is being sought; and (d) a court order finding that no retrial or appeal is pending, confirming that at least sixty (60) days have passed since that notice, and finding no interests-of-justice reason to deny expungement.

Statutes / Case Law

• Idaho Stat. § 19-5503. Responsibility For Managing DNA Program – Bureau of Forensic Services
• 19-5506. Scope of law–Offenders subject to sample collection–Early collection of samples—Restitution
• 19-5507. Responsibility for sample collection–Timing of sample collection–Site for sample collection
• 19-5510. Applicability of chapter
• 19-5513 Expungement of information

Legislative History

1997 Ch. 120 “Idaho DNA Database Act of 1996” — created the entire chapter, including §§ 19-5503 (management) and 19-5506 (collection mandate)..

2000 Ch. 469, § 46 H0660 ISP reorganization — amended 19-5503 and numerous other ISP-related code sections; signed 04/17/2000

2004 Ch. 157, § 2 H0520 “DNA Analysis Costs” — added burglary and felony domestic violence to qualifying crimes; added DNA analysis restitution provisions; signed 03/23/2004

2005 Ch. 327, § 1 S1197 “DNA Samples” — dramatically expanded qualifying crimes from ~20 to ~60 felonies; effective 07/01/2005

2011 Ch. 211, § 3 S1067 Also amended §§ 19-5501, 19-5502, 19-5507

2012 Ch. 82, § 3 S1215aa Amended 19-5506

2012 Ch. 269, § 6 S1337aa Amended 19-5506 (second bill same session)

2014 Ch. 263, § 1 S1240aa Amended 19-5506

2017 Ch. 213, § 1 S1088 Also amended § 19-5507

No program or law found.

No program or law found.

FGG use for Brian Kohberger Case

• ISP has a formal Lawfully Owed DNA program. It breaks down LODNA collection sites across the state at different sheriff’s offices.
  • Here is statewide LODNA reporting.
• ISP Bulletin/Memo on April 10, 2026 – SB 1226 (2026, enacted) instituted changes to DNA Collection Act to address problems that led to thousands of convicted felons not having their lawfully owed collections performed. Read here.
  • See SB 1266 and recent legislative changes.
• Lawfully Owed DNA Collection Legislation Info Sheet – strong pressure to collect immediately and instruct collection for expanded offenses.
• Idaho Stat. § 19-5507 provides the specificity in collection timing and deadlines. It was recently amended by SB 1226 (2026, enacted). This act further reinforces the timeliness of collection under Idaho law after conviction or guilty plea. It strengthens §19-5507’s expectations on how fast a DNA sample should be collected for a larger swath of crimes. ISP produced a helpful memo on SB 1226’s changes. See below for specific changes:
  • One (IC 19-5507 (2)), a motion can be made by a Prosecutor for an order to collect DNA prior to sentencing.
  • Two (IC 19-5507 (3)(a)), subjects in custody must provide a DNA sample at the facility they are incarcerated in OR (for those not in custody) the court orders collection from an Idaho State Police designated collection site in the appropriate county.
  • Three (IC 19-5507 (3)(b)), for those committed to county jails or other local detention facilities, the court shall order collection by those facilities no later than 10 days after the subject’s arrival at the facility.
  • Four (IC 19-5507(3)(c)), for those committed to an IDOC facility, DNA collection will be made by IDOC no later than 10 days after arrival at that facility.

Idaho State Police has and operates a standalone Lawfully Owed DNA program.

No program or law.