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

• The Original Creating Bill (Pre-2003)
  • The DNA database was originally codified at IC 10-1-9-10 before the 2003 recodification. Based on the dates embedded in the current statute, the collection mandate took effect July 1, 1996, placing the original enacting legislation in the 1995 Indiana legislative session.
• SB 257 (2003) → P.L.2-2003 — “Title 10 Recodification”. This bill reorganized all of Title 10 (Public Safety), moving the DNA database chapter from the old IC 10-1-9 to its current location at IC 10-13-6. It did not substantively change the collection mandate — it recodified the existing law into the current numbering system.
• SB 322 (2017) → P.L.111-2017 — “DNA for felony arrestees”. This bill added the requirement that any person arrested for a felony after December 31, 2017 must submit a DNA sample by buccal swab. It also added the probable cause safeguard — the sample cannot be shipped for analysis unless there was an arrest warrant or a court finds probable cause. This is the most significant modern expansion of the collection mandate. Authored by Sen. Erin Houchin, Sen. Joseph Zakas, and Sen. James Merritt.

• 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.