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) – Expand from certain felony arrests to all felony arrests.
• HB 2868 (2026, died) – Expand 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 Where charges are filed but later withdrawn or dismissed, the court finds no probable cause at the preliminary hearing, or the defendant is found not guilty, the prosecutor or court notifies the crime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:

• 1991 S.B. 152 — Original enactment Created both § 650.050 (§ 1) and § 650.055 (§ 3). Established the “DNA Profiling System” within the Department of Public Safety and set the initial collection mandate. Online text is not available through the Missouri legislature’s digital system, which only goes back to approximately 2004.
• 1996 S.B. 578 — First amendment. Amended both sections.
• 2004 S.B. 1000 — Major expansion “Makes changes to provisions on DNA profiling, including DNA testing of all felony and sexual offenders.” Sponsor: Sen. Bartle. Signed: June 17, 2004. Effective: August 28, 2004.
  • Key changes: Expanded collection from sex offenders only to all felony offenders; required CODIS compatibility; created the DNA Profiling Analysis Fund (funded by $30 felony/$15 misdemeanor court surcharges); established closed-records confidentiality; created expungement procedures; created restitution for exonerated individuals ($50/day of post-conviction incarceration).
• 2005 S.B. 423 (merged with H.B. 353) — Collection procedure modification “Creates new provisions and makes modifications to the DNA profiling system.” Sponsor: Sen. Bartle. Signed: July 13, 2005. Effective: August 28, 2005.
  • Key changes: Specified that collection occurs upon entering or before release from DOC reception centers, county jails, or any private/local/state agency facilities; added sheriff responsibility for collection when offender is under contracted supervision.
• 2006 S.B. 1023 — Restitution and fund modifications “Modifies the laws relating to DNA Profiling Analysis and resulting restitution.” Sponsor: Sen. Gibbons. Signed: June 29, 2006. Effective: August 28, 2006.
  • Key changes: Overhauled restitution provisions for DNA exonerees; extended DNA fund surcharge expiration date to 2013; added definitions of “central repository” and “forensic DNA analysis” in § 650.100.
• 2009 H.B. 152 (merged with H.B. 62 and H.B. 481) — Arrest-based collection “Requires persons arrested for certain offenses to provide a biological sample for DNA profiling analysis.” House sponsor: Ruestman; Senate handler: Bartle. Signed: July 9, 2009. Effective: August 28, 2009. Note: The Revisor’s official citation lists H.B. 62 as the primary vehicle (“A.L. 2009 H.B. 62 merged with H.B. 152 merged with H.B. 481”); H.B. 152 is used here as it is how the Senate’s tracking system identifies the bill.
  • Key changes: Critically expanded collection to arrestees (not just convicted persons) — any person 17 or older arrested for 1st/2nd degree burglary or a felony under chapters 565, 566, 567, 568, or 573; added booking as a collection point; established mandatory court and prosecutor notification obligations to the Highway Patrol crime lab when charges are filed against a DNA-sampled arrestee and the case ends in charge withdrawal, dismissal, no probable cause finding, or not guilty verdict; required expungement if prosecution declined; established 90-day (arresting agency) and 30-day (crime lab) notification timelines.
• 2012 S.B. 789 — Sex offender registration and fund extension “Modifies provisions relating to DNA profiling by the Missouri State Highway Patrol crime lab and the DNA Profiling Analysis Fund.” Sponsor: Sen. Kraus. Signed: July 9, 2012. Effective: August 28, 2012.
  • Key changes: Required DNA sample at time of sex offender registration under §§ 589.400–589.425; expanded interstate compact provision to anyone convicted of any felony in another jurisdiction; extended DNA fund expiration to August 28, 2019; clarified 90-day/30-day expungement timelines for declined prosecution.
• 2017 S.B. 34 — Criminal offenses omnibus bill “Creates and modifies provisions relating to criminal offenses.” Sponsor: Sen. Cunningham. Signed: July 6, 2017. Effective: August 28, 2017 for standard provisions; certain provisions effective immediately upon signing pursuant to emergency clause.
  • Note: This was a broad omnibus criminal law bill that amended § 650.055. The specific DNA-related provisions are in the enrolled bill text (LR No. 0089S.07T), available at senate.mo.gov/17info/pdf-bill/tat/SB34.pdf.
• 2021 S.B. 26 (merged with S.B. 53 & 60) — Public safety omnibus “Creates provisions relating to public safety.” Sponsor: Sen. Eigel. Handler: Rep. Schroer. Signed: July 14, 2021. Effective: Varies.
  • Key DNA change: Modified the notification and expungement procedure in § 650.055 subsection 11 (originally enacted as subsection 9 by 2009 H.B. 152 and renumbered by subsequent amendments). The 2021 act revised the sequencing of the expungement process so that the crime lab first determines within thirty days whether the individual has any other qualifying offenses or arrests before expunging records and destroying the DNA sample, rather than requiring expungement within thirty days and checking for other qualifying offenses prior to that expungement.

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.