Indiana

Recent / Pending Legislation

• SB 120 (2025, enacted) – DNA samples at time of arrest – requires a sheriff to take a DNA sample of a person taken into custody for a felony. Provides that it is a Class C misdemeanor if a person refuses to provide a DNA sample to a sheriff.

Arrestees: Yes.

Qualifying Crimes: Any felony arrest — all adults and minors arrested for a felony.

Time of Collection: At booking — under S.B. 120 (2025, effective July 1, 2025), sheriffs must collect a DNA sample from persons arrested for a felony, and refusal is a Class C misdemeanor. Under the pre-existing framework: may not ship the DNA sample for identification unless there was a warrant pursuant to a felony arrest or probable cause was found by a court for felony arrest. NOT Booking Station Rapid Ready.

Expungement: By request to the Superintendent of State Police with a certified court order establishing that (i) the person was acquitted of all felony charges, or all felonies were converted to misdemeanors, or (ii) all felony charges were dismissed; or (iii) by notification and request to the prosecuting attorney once 365 days have passed since the arrest with no felony charges filed.

Statutes / Case Law

• C § 10–13–6–8 POWERS AND DUTIES OF SUPERINTENDENT
• § 10–13–6–10 CONVICTED FELONS TO PROVIDE DNA SAMPLE;
• § 10–13–6–18 REMOVAL OF DNA PROFILE
• SB 120 (2025, enacted) – DNA samples at time of arrest – requires a sheriff to take a DNA sample of a person taken into custody for a felony. Provides that it is a Class C misdemeanor if a person refuses to provide a DNA sample to a sheriff.

Convicted Offenders: Yes.

Qualifying Crimes: Any felony.

Time of Collection: Immediately after sentencing or if the person is not confined at the time of sentencing, no more than 7 days after sentencing.

Expungement: Upon request to Superintendent of State Police with certified copy of court order establishing conviction was reversed and case was dismissed.

Statutes/Case Law:

• Ind. Code § 10–13–6–8 Powers and Duties of Superintendent
• 10–13–6–10 Convicted Felons to Provide DNA Sample
• 10–13–6–18 Removal of DNA Profile
• 35-38-1-27 Requirement to provide DNA sample
• Hurtado v. State, No. 20A-CR-653, 2020 WL 4516805, at *3 (Ind. Ct. App. Aug. 6, 2020) (emphasizing that “Indiana Code Section 35-38-1-27 provides that a person’s failure to provide a DNA sample is grounds for revocation of the person’s probation”).
• Sharp v. State, 835 N.E. 2d 1079 (Ind. Ct. App. 2005) (Defendant’s Fourth Amendment right to be free from unreasonable searches and seizures was not violated when defendant was required to submit DNA sample, which was to be included in state’s DNA database, after burglary conviction; defendant’s expectation of privacy was greatly reduced, and character of intrusion into defendant’s privacy was minimal because procedure was non-invasive and pain-free.)

Legislative History

• Original enactment (1995 session) — collection mandate effective July 1, 1996, originally codified at former IC 10-1-9. The surviving statutory text preserves the original scope: persons convicted of a felony under IC 35-42 (offenses against the person) or IC 35-43-2-1 (burglary) after June 30, 1996, plus those already held in jail or prison on or after July 1, 1996. A later amendment extended the same reach to pre-October 1977 criminal laws penalizing substantially similar conduct, keyed to June 30, 1998. Bill not publicly accessible; excluded at your direction.
• SB 257 (2003) → SEA 257 → P.L.2-2003, SEC. 4 (“Title 10 Recodification”), effective July 1, 2003. Reorganized all of Title 10 (Public Safety) and moved the DNA database chapter from IC 10-1-9 to IC 10-13-6. Every section of the current chapter carries the “As added by P.L.2-2003, SEC.4” derivation line — definitions (§§ 1–7), the database (§ 8), superintendent duties (§ 9), the collection mandate (§ 10), collection guidelines and qualified personnel (§§ 11–12), permitted testing purposes (§ 13), the national quality-assurance standard (§ 14), disclosure limits (§ 15), the bar on collecting physical-trait or disease-predisposition data (§ 16), personal-information limits (§ 17), expungement on reversal and dismissal (§ 18), access restrictions (§ 19), laboratory decertification (§ 20), and the tampering and unlawful-use offenses (§§ 21–22). Recodification only; no substantive change.
• SB 13 (2005) → SEA 13 and its House twin HB 1241 (2005) → HEA 1241 → P.L.69-2005 and P.L.142-2005, SECs. 1–2. Indiana’s all-felony bill and the most significant expansion of the original mandate. Amended § 10 to add category (a)(3), reaching any person convicted of a felony, conspiracy to commit a felony, or attempt to commit a felonyafter June 30, 2005 — or held in jail or prison on or after July 1, 2005 for an earlier such conviction — replacing the prior limit to offenses against the person and burglary. Also added child solicitation (IC 35-42-4-6) to the earlier category; amended § 8 to let the superintendent test any qualifying person’s sample at any time and to require testing once federal funds become available; and added the “mistake does not invalidate” protection now at §§ 8(f) and 10(c), so a detention, arrest, or conviction resting on a database match survives a later finding that the sample was obtained or entered by mistake. Worth noting: SEA 13 made the § 10 amendment effective July 1, 2005, while HEA 1241 made the identical amendment effective January 1, 2006 — same text, different trigger dates.
• HB 1113 (2005) → HEA 1113 → P.L.176-2005, SEC. 1, effective July 1, 2005. A 24-section courts-and-court-officers bill overhauling civil and criminal court fees across IC 33-37. Section 1 created IC 10-13-6-9.5, the DNA sample processing fund, to pay for collection, shipment, analysis, and preservation of samples and for running the database program, administered by the superintendent, with expenses paid from the fund and a non-reversion provision. Section 13 amended IC 33-37-5-26.2, the companion DNA sample processing fee — the revenue side that feeds the fund.
• SB 12 (2006) → SEA 12 and its House twin HB 1155 (2006) → HEA 1155 → P.L.140-2006 and P.L.173-2006, SECs. 8, 9, 22, effective July 1, 2006. Forty-section sex-offender and criminal-justice omnibus bills. Section 8 amended § 10 to add a third collecting authority at (b)(3) for persons on conditional release under IC 35-38-1-27. Section 9 amended § 11 to require the superintendent to issue binding collection-and-shipment guidelines for county sheriffs and supervising agencies, while allowing the superintendent to delay implementation county-by-county until a set date or until Criminal Justice Institute grant funding becomes available, with written notice to the sheriff. Section 22 added IC 35-38-1-27, requiring a court imposing a non-DOC sentence to order a DNA sample as a condition of the sentence from anyone who hasn’t already given one, and making failure to provide it grounds to revoke probation, community corrections placement, or other conditional release. Parallel DNA conditions were written into IC 35-38-2-2.3 (probation), 35-38-2.5-6 (home detention), and 35-38-2.6-3 (community corrections).
• SB 322 (2017) → SEA 322 → P.L.111-2017, effective July 1, 2017, with collection beginning for arrests after December 31, 2017. Authored by Sens. Erin Houchin, Joseph Zakas, and James Merritt. The most significant modern expansion: required every person arrested for a felony after December 31, 2017 to submit a DNA sample, collected only by buccal swab. Built in a probable-cause safeguard — the sample may not be shipped for DNA identification unless the person was arrested on a felony arrest warrant or a court has found probable cause — and a removal right requiring the profile to come out of the database if the person is acquitted of all felony charges or they are reduced to misdemeanors, if all felony charges are dismissed, or if no felony charges are filed within 365 days. Also amended §§ 18, 19, and 22 (expungement, access, unlawful use), the DNA sample processing fee at IC 33-37-5-26.2, and the conditional-release provision at IC 35-38-1-27.
• HB 1248 (2026) → HEA 1248, effective July 1, 2026. Added new IC 5-2-27.4, “Advanced DNA Testing for Cold Cases.” Applies to homicide (IC 35-42), sex offenses (IC 11-8-8-5.2), and high-risk missing persons (IC 5-2-17-1), defining a “cold case” as an investigation open more than five years with no pending charges, or a coroner investigation to identify unknown victims. Defines “advanced DNA testing” as DNA forensics, DNA analytics, or genetic genealogy — Indiana’s first statutory recognition of FGG. Creates a privately funded pathway: a qualified 501(c)(3) in existence at least five years, with funding capacity and an MOU with a law enforcement agency, may cover all testing costs without state funding, including costs the state police laboratory incurs. Victims, eligible family members, county coroners, and partnering agencies may request eligibility; the qualified entity prioritizes by order received, date of crime, and funding availability. Testing laboratories must meet the § 10-13-6-14 standards and maintain chain of custody, and the investigating agency must transmit any resulting profile to the state police under § 10-13-6-14.

• No program or law found. But there is evidence of use and interest.
• Fishers Police Department, Indiana – General Order 74 – Establishing policies and procedures for use of Rapid DNA by the department.
  • Article describing found here.
  • University of Indianapolis Human Identification Center partnering with Fishers Police Department for scientific reach back support.
• Senate CR 34 (2023, enacted) – directs ISP to study feasibility, costs, and technology required to implement Rapid DNA.

• Formalized process/program passed this year.
• HB 1248 (2026, enacted) – Advanced DNA testing for cold cases – establishes formal process for using FGG for certain more serious cases. Families can request advanced testing and can have NGOs pay for it.

No program or law found.

No program or law found.