Administering Entity
Department of Public Safety Forensic Laboratory
Recent / Pending Legislation
- H 639 (2026, delivered to governor) – Genetic Privacy Act –Requires warrant or consent in order to disclosure to law enforcement.
- HB 904 – Automated DNA tracking system. (2026, introduced, legislature has adjourned)
Arrestees: No. See State v. Medina (2014).
Convicted Offenders: Yes – adults and minors.
Qualifying Crimes: Convictions for: any felony; domestic assault; any crime requiring sex offender registration; stalking; reckless endangerment; violation of an abuse prevention order; a misdemeanor violation relating to abuse, neglect, or exploitation of vulnerable adults; attempts to commit any of these; and any other offense where, as part of a plea agreement, the original charge was a listed crime and the court found probable cause.
Time of Collection: For incarcerated persons: at a time designated by the Commissioner of Corrections or by a court. For those not incarcerated: at a place and time designated by the Commissioner of Corrections, the Commissioner of Public Safety, or a court.
Expungement: Where the conviction tied to the incident that produced the sample is reversed and the case dismissed, or the person receives a full pardon for it, the court or the governor (as applicable) must notify the Department of Public Safety, which removes and destroys the person’s DNA record and sample. A match made to another sample during a criminal investigation is not expunged even if the sample itself is.
Statutes / Case Law
20 VSA § 1932. Definitions
20 VSA § 1933. DNA sample required
20 VSA § 1940. Expungement of records and destruction of samples
Legislative History
The original creating bill — 1997, No. 160 (Adj. Sess.), effective April 29, 1998
This act created the entire Subchapter 4 (§§ 1931–1945), including the DNA collection mandate at § 1933. The bill introduced in the 1997–1998 biennial session was H.89, which received a House Judiciary Committee hearing on January 22, 1997. The Vermont Supreme Court in State v. Martin, 2008 VT 53 (Nos. 06-119, 06-205), cites this hearing as the legislative history for “Vermont passing its own DNA database law.”
2009, No. 1 (S.13), effective March 4, 2009 / July 1, 2011. “An act relating to improving Vermont’s sexual abuse response system”.
This omnibus criminal justice bill amended §§ 1931–1933, including changes to definitions and collection procedures. Signed by the Governor March 4, 2009; a separate provision (§ 24) took effect July 1, 2011.
2015, No. 122 (Adj. Sess.) (S.10), effective May 23, 2016. “An act relating to the State DNA database”
This was the most direct DNA-specific legislation, amending § 1933 to adjust the collection mandate (expanding to misdemeanors carrying 30+ days). Signed by the Governor May 23, 2016.
No program or law.
Vermont is one of few states that prohibits law enforcement agencies from creating or maintaining local/independent DNA databases. https://codes.findlaw.com/vt/title-20-internal-security-and-public-safety/vt-st-tit-20-sect-1938/
No program or law.
No program or law.
No program or law. But, pending legislation – HB 904 – Automated DNA tracking system. (February 2026)