Missouri

Recent / Pending Legislation

Missouri enacted SB 694 (2022) addressing sexual assault kit submission timelines. HB 2104 (2020) updated DNA collection procedures. No major pending forensic DNA legislation identified as of early 2026.

• SB 1458 (2026, died) – Would have expanded DNA collection from certain felony arrests to all felony arrests.
• HB 2868 (2026, died) – Would have expanded DNA collection from certain felony arrests to a number of additional felony arrests (but not all).
• SB 1070 (2026, died) – Persons arrested for offense of “trespass by an illegal alien,” must have DNA collected.

ARRESTEES: Yes, Booking Station Rapid Ready, but possible analysis issues.

Qualifying Crimes: Arrest, at age seventeen or older, for first- or second-degree burglary (§§ 569.160, 569.170) or a felony under chapter 565 (offenses against the person), 566 (sexual offenses), 567 (prostitution), 568 (offenses against the family), or 573 (pornography and related offenses). See Mo. Rev. Stat. § 650.055.1(2). Is seventeen years of age or older and arrested for burglary in the first degree under section 569.160, or burglary in the second degree under section 569.170, or a felony offense under chapter 565, 566, 567, 568, or 573;

Time of Collection: Collected at booking.

Expungement: Handled by notification rather than petition. Where the prosecutor declines prosecution, the arresting agency notifies the Missouri State Highway Patrol crime laboratory, which must expunge the arrest-based DNA record and destroy the sample within 30 days if the person has no other qualifying offense or arrest (§ 650.055.10). Where charges are filed but later withdrawn or dismissed, the court finds no probable cause at the preliminary hearing, or the defendant is found not guilty, the prosecutor or court notifies the crime laboratory, which likewise expunges within 30 days absent another qualifying offense or arrest (§ 650.055.11). [Original summary replaced: the prior text had been carried over from the Mississippi entry.]

Statutes / Case Law

Mo. Ann. Stat. §§ 650.050–650.060 DNA Profiling System https://revisor.mo.gov/main/OneChapterRng.aspx?tb1=650.050%20to%20650.100

§ 589.407 Registration, Required Information–substantiating Accuracy of Information

CONVICTED OFFENDERS:

Qualifying Crimes: Every person who (1) is found guilty of a felony, or (2) is seventeen or older and arrested for burglary in the first degree, or burglary in the second degree; or (3) has been determined to be a sexually violent predator; or (4) is an individual required to register as a sexual offender

Time of Collection: (1) At booking at a county jail or detention facility; (2) at entry to, or before release from, Department of Corrections reception and diagnostic centers; (3) at entry to, or before release from, a county jail, state correctional facility, or any other detention facility or institution (whether privately, locally, or state operated), or a mental health facility for persons committed as sexually violent predators; (4) when Missouri accepts a person from another state under an interstate compact or other reciprocal agreement (whether confined or released), with acceptance conditioned on a DNA sample if the person was found guilty of a felony in any other jurisdiction; (5) while under Department of Corrections jurisdiction, including current incarceration, probation, or parole (§ 650.055.2(5)); or (6) at the time of sex offender registration.

Expungement: Available on request where the conviction was reversed or dismissed, the guilty plea was set aside, or a court granted expungement of all official records — and where the person has no other qualifying plea or conviction and no other qualifying arrest predating expungement. The Missouri State Highway Patrol need not destroy physical evidence from a sample where evidence relating to another person would be destroyed with it.

Statutes / Case Law

Mo. Ann. Stat. §§ 650.050–650.060 DNA Profiling System

§ 589.400 Registration of Certain Offenders with Chief Law Officers of County of Residence

§ 589.407 Registration, Required Information–substantiating Accuracy of Information

Case Law

Cooper v. Gammon, 943 S.W.2d 699, 704 (Mo. Ct. App. 1997) (upholding required collection of DNA from a convicted second degree murderer and rejecting constitutional challenge (Fourth and Fifth Amendment, Due Process Clause, and Ex Post Facto Laws Clause)).

Clevenger v. Gartner, 392 F.3d 977, 981 (8th Cir. 2004) (rejecting challenge when sample taken from convicted felon under prior version of statute that required collection only from “violent felons” when prisoner had not been convicted of a violent felony because statute subsequently amended to provide for collection from all felons).

LEGISLATIVE HISTORY:

• SB 152 (1991) — original enactment. Created § 650.050, establishing the “DNA Profiling System” within the Department of Public Safety, and § 650.055, setting the initial collection mandate. Bill text is not available through the Missouri legislature’s digital system, which reaches back only to roughly 2004, and is not in the folder.
• SB 578 (1996) — repealed §§ 43.050, 650.050, 650.053, and 650.055 and enacted four sections in lieu, renumbering § 650.053 as § 650.052. Rewrote § 650.055 to cover every individual convicted in a Missouri circuit court of a felony defined as a violent offense under chapter 565 or a sex offense under chapter 566 (excluding §§ 566.010 and 566.020), and replaced “blood sample drawn” with “blood or scientifically accepted biological sample collected.” Set three collection points — upon entering a DOC reception and diagnostic center, before release from a county jail or detention facility, or for anyone under DOC jurisdiction on or after the effective date, expressly including those incarcerated, on probation, and on parole. Added the no-right-of-refusal rule with authority to use necessary force, civil and criminal immunity for collectors, a class A misdemeanor for unauthorized dissemination, and a provision subjecting implementation to future appropriations.
• SB 1000 (2004), sponsored by Sen. Bartle, signed June 17, 2004, effective August 28, 2004. The major expansion — extended collection from violent and sex offenders to all felony offenders, required CODIS compatibility, and created the DNA Profiling Analysis Fund financed by $30 felony and $15 misdemeanor court surcharges. Established closed-records confidentiality, created expungement procedures, and provided restitution for exonerated individuals at $50 per day of post-conviction incarceration.
• SB 423 (2005), merged with HB 353, sponsored by Sen. Bartle, signed July 13, 2005, effective August 28, 2005. Refined the collection procedure, specifying that collection occurs upon entering or before release from DOC reception centers, county jails, or any private, local, or state agency facility. Added sheriff responsibility for collection where the offender is under contracted supervision.
• SB 1023 (2006), sponsored by Sen. Gibbons, signed June 29, 2006, effective August 28, 2006. Overhauled the restitution provisions for DNA exonerees, extended the DNA fund surcharge expiration to 2013, and added definitions of “central repository” and “forensic DNA analysis” at § 650.100.
• HB 152 (2009), Senate Substitute for House Committee Substitute, merged with HB 62 and HB 481, signed July 9, 2009, effective August 28, 2009. Repealed and reenacted §§ 650.050, 650.052, and 650.055. Critically expanded collection to arrestees — any person 17 or older arrested for first or second degree burglary or a felony under chapters 565, 566, 567, 568, or 573 — and added booking as a collection point. Established mandatory notification duties running from courts and prosecutors to the Highway Patrol crime lab when a case against a sampled arrestee ends in charge withdrawal, dismissal, a no-probable-cause finding, or a not-guilty verdict, required expungement where prosecution was declined, and set 90-day arresting-agency and 30-day crime lab notification timelines. The Revisor’s official citation lists HB 62 as the primary vehicle.
• SB 789 (2012), sponsored by Sen. Kraus, signed July 9, 2012, effective August 28, 2012. Required a DNA sample at the time of sex offender registration under §§ 589.400–589.425, expanded the interstate compact provision to reach anyone convicted of any felony in another jurisdiction, extended the DNA fund expiration to August 28, 2019, and clarified the 90-day and 30-day expungement timelines for declined prosecutions.
• SB 34 (2017), sponsored by Sen. Cunningham, signed July 6, 2017, effective August 28, 2017 with certain provisions immediately effective under an emergency clause. A broad criminal offenses omnibus that amended § 650.055 among many other sections.
• SB 26 (2021), merged with SB 53 and SB 60, sponsored by Sen. Eigel with Rep. Schroer handling, signed July 14, 2021, with varying effective dates. Modified the notification and expungement procedure at § 650.055 subsection 11 — originally enacted as subsection 9 by the 2009 act and renumbered since. Reversed the sequencing so the crime lab first determines within thirty days whether the individual has other qualifying offenses or arrests before expunging records and destroying the sample, rather than expunging within thirty days and checking for other qualifying offenses beforehand.
• SBs 775, 751 & 640 (2022), Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute, a judicial proceedings omnibus. Created a statutory survivors’ bill of rights that includes the right to prompt analysis of sexual assault forensic evidence under § 595.220 and the right, on request, to be informed of the analysis results — whether it yielded a DNA profile and whether it produced a CODIS match, either to a named perpetrator or to a suspect already in the system — communicated through a secure and confidential written message from the crime laboratory. Added a statutory definition of “CODIS” and of “crime laboratory” for those purposes.

No law, but formal Rapid DNA program. See here. Program launched in 2023. 11 Rapid DNA instruments across each “Troop region”. It has a stand-alone state database of qualifying offenders that is used to search casework analyzed with Rapid DNA.

No program or law found.

No program or law found.

No program or law found.