Administering Entity
Kentucky State Police (KSP) Forensic Laboratory
Recent / Pending Legislation
- HB 414 (2026, pending) – authorizes DNA collection upon felony arrest or indictment for any felony, turning Kentucky into arrestee state. Enables booking station staff (jailers) to take DNA sample as part of booking process and must send sample to KSP lab for analysis. Allows Rapid DNA use at booking. Automatic expungement if there is acquittal, dismissal, a nolle prosequi, conviction of a non-felony offense or successful completion of a pretrial diversion program under the KR S533.258 and designation of the charges as dismissed-diverted. Lab must expunge upon receipt of official notice of final disposition from the court or other appropriate reporting agency and shall not require a written request from the individual.
Arrestees: No, but legislation was introduced in 2026. Not Booking Station Rapid Ready.
- HB 414 (2026, died) – authorizes DNA collection upon felony arrest or indictment for any felony, turning Kentucky into arrestee state. Enables booking station staff (jailers) to take DNA sample as part of booking process and must send sample to KSP lab for analysis. Allows Rapid DNA use at booking. Automatic expungement if there is acquittal, dismissal, a nolle prosequi, conviction of a non-felony offense or successful completion of a pretrial diversion program under the KR S533.258 and designation of the charges as dismissed-diverted. Lab must expunge upon receipt of official notice of final disposition from the court or other appropriate reporting agency and shall not require a written request from the individual.
Convicted Offenders: Yes.
Qualifying Crimes: Felony convictions; juveniles (at least 14 years old) adjudicated delinquent for any felony sex offense under KRS Chapter 510, incest (KRS 530.020), criminal attempt or conspiracy to commit those offenses, or as juvenile sexual offenders (KRS 635.510) — see KRS 17.170(2)(b); and anyone required to register as a sex offender.
Time of Collection: Taken “in an approved manner by authorized personnel”; a person released from custody at sentencing or adjudication must report immediately to the local probation and parole office for collection.
Expungement: By written request to the Department of Kentucky State Police with a certified copy of the court order reversing and dismissing the conviction or adjudication, or deeming the charges dismissed-diverted after successful completion of a pretrial diversion program.
Statutes / Case Law
KRS § 17.169 Definitions for KRS 17.169, 17.170, and 17.175
KRS § 17.170. MAINTENANCE OF DNA SAMPLES COLLECTED BEFORE MARCH 27, 2009; PERSONS REQUIRED TO PROVIDE DNA SAMPLE; PERSONS AND PROCEDURES AUTHORIZED FOR DNA SAMPLE COLLECTION; ADMINISTRATIVE REGULATION; PENALTIES FOR REFUSING TO PROVIDE DNA SAMPLE OR TAMPERING WITH SAMPLES OR CONTAINERS
KRS § 17.175. CENTRALIZED DATABASE FOR DNA IDENTIFICATION RECORDS; ANALYSIS AND CLASSIFICATION OF EVIDENCE; EXEMPTION FROM KRS 61.870 TO 61.884; EXPUNGEMENT OF INFORMATION AND DESTRUCTION OF DNA SAMPLE; PENALTY FOR UNLAWFUL USE OF DNA DATABASE IDENTIFICATION SYSTEM
Legislative History
Original Creation: HB 631, 1992 Regular Session
“AN ACT relating to crimes and punishments” Sponsors: S. Riggs, G. Stumbo, J. Ackerson
This bill created new sections of KRS Chapter 17 (KRS 17.169–17.175) establishing the DNA databank for persons convicted of sex offenses, the creation of a DNA databank, and use of DNA information for future sex crimes. The bill passed the House 95-0 and the Senate 37-0, and was signed by the Governor on April 1, 1992.
Major Expansion: HB 683, 2008 Regular Session — Acts Ch. 158
“AN ACT relating to the Parole Board and declaring an emergency” Sponsor: R. Webb
Originally a Parole Board bill, the Senate Judiciary Committee Substitute inserted the full provisions of HB 289, mandating DNA collection from all persons convicted of any felony (not just sex offenders), adding registered sex offenders, and specifying authorized collection personnel. It also repealed KRS 17.171–17.174. Passed House 51-42 on concurrence, passed Senate 37-1. Signed by the Governor on April 24, 2008.
Comprehensive Recodification: HB 321, 2009 Regular Session — Acts Ch. 105
“AN ACT relating to the collection, storage, and use of DNA samples” Sponsors: R. Meeks, J. Richards
This bill repealed and reenacted KRS 17.169 (definitions), KRS 17.170 (collection mandate), and KRS 17.175 (centralized database); required DNA from registered sex offenders at reregistration; and repealed KRS 17.171, 17.172, 17.173, 17.174, and 17.177 (the remaining original sections). Passed House 89-6, passed Senate 38-0. Signed by the Governor on March 27, 2009.
Kentucky State Police crime lab operates a Rapid DNA program to analyze DNA from sexual assault kits and other evidence. Kentucky was the first state to use Rapid DNA for sexual assault investigations (2019). The testing is completed in the lab ONLY, and requires a separate extraction process before Rapid DNA can be used. The lab also deploys Rapid DNA for missing persons and disaster victim identification. Using it for Missing Persons (2022).
No program or law found.
No program or law found.
However, an audit was performed about 10 years ago. The state failed to collect about 6,300 felons’ DNA samples over a four-year period.
No program or law found.