Bill Analyses and Ratings
Bill Information: S1226 – DNA Collection Expansion to Misdemeanor Crimes
Bill Summary
This bill expands Idaho’s DNA sample and thumbprint collection requirements beyond felonies to include certain misdemeanors. It creates a new definition of “serious crime” that encompasses all felonies, attempted felonies, sex offender registration crimes, misdemeanor domestic violence (18-918), and sexual battery (18-924). The bill repeals and replaces Section 19-5507 to establish detailed procedures for when, where, and by whom DNA samples must be collected—including at guilty plea, conviction, or sentencing.
The new Section 19-2512A requires courts to order DNA collection at the time of guilty plea, conviction, or sentencing for all serious crimes. Section 19-5507 assigns specific responsibilities to courts, county jails, state correctional facilities, and the Idaho State Police for collecting samples at various stages of the criminal justice process. The bill mandates collection within 10 days in most circumstances and applies retroactively to persons previously convicted of qualifying crimes who have not yet provided samples. Courts may order offenders to pay restitution up to $500 per DNA analysis to offset law enforcement costs.
The expansion to misdemeanor crimes takes effect July 1, 2026, while the procedural changes apply immediately to all qualifying offenses. The bill includes provisions for interstate offenders, persons on parole or probation, and those who previously failed to provide samples due to oversight or error.
Overall Assessment
This bill significantly expands law enforcement’s DNA collection authority by adding misdemeanor domestic violence and sexual battery to the list of qualifying crimes, bringing thousands of additional offenders into the DNA database system annually. The legislation strengthens crime-solving capabilities by establishing clear collection procedures with strict 10-day deadlines and assigning specific responsibilities to courts, jails, and correctional facilities. The bill applies retroactively to all previously convicted offenders who have not yet provided samples, potentially requiring DNA collection from individuals who completed their sentences years ago.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill addresses DNA collection procedures for criminal offenders and does not engage with fiscal responsibility, taxation, government spending, congressional reform, or election processes. While Section 19-5506(6-7) allows courts to order restitution up to $500 per DNA analysis to offset law enforcement costs, this narrow provision does not constitute a substantive change to government fiscal operations or accountability structures.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill concerns law enforcement procedures for collecting DNA samples from convicted offenders. It contains no provisions related to citizen participation in government, primary elections, ranked-choice voting, voter registration, or political engagement processes.
ARTICLE III. EDUCATION (0)
The bill addresses DNA sample collection from criminal offenders and has no connection to education policy, parental rights in education, school choice, curriculum standards, or any educational matters.
ARTICLE IV. AGRICULTURE (0)
The bill concerns criminal justice procedures for DNA collection and does not address agricultural education, farming, ranching, water rights for agriculture, or family farm operations.
ARTICLE V. WATER (0)
The bill addresses DNA sample collection procedures and has no relationship to water rights, water appropriation, inter-basin transfers, dam operations, or water management policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill concerns DNA collection from criminal offenders and does not address environmental stewardship, natural resource management, federal land policy, wilderness designations, or forest health.
ARTICLE VII. ENERGY (0)
The bill addresses criminal justice procedures for DNA collection and has no connection to energy independence, energy resource development, hydroelectric power, or energy policy.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill concerns DNA sample collection from offenders and does not address Idaho National Laboratory operations, nuclear research, technology transfer, or energy research missions.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill requires DNA samples from convicted offenders, which involves biological material rather than real or personal property as traditionally understood. The metric specifically addresses Fifth Amendment protections against property deprivation without due process and just compensation for takings, which do not apply to court-ordered DNA collection following criminal conviction.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill addresses DNA collection procedures and has no relationship to federal land management, state land administration, or reducing federal land ownership in Idaho.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill concerns DNA sample collection from criminal offenders and does not address fish and game management, hunting, fishing, predator control, or wildlife policy.
ARTICLE XII. ECONOMY (0)
The bill addresses DNA collection procedures for criminal offenders and does not regulate commerce, industry, small businesses, labor markets, or transportation infrastructure. The restitution provisions in Section 19-5506(6-7) offset specific law enforcement costs but do not constitute economic policy affecting business climate or commercial activity.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill concerns DNA sample collection from criminal offenders for law enforcement purposes. While it involves biological samples, it does not address healthcare delivery, health insurance, patient rights, conscience clauses, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill addresses DNA collection procedures for law enforcement purposes. While Section 19-5502(10) includes misdemeanor domestic violence as a qualifying offense, this relates to criminal investigation tools rather than family policy, parental rights, marriage, or child welfare.
ARTICLE XV. OLDER AMERICANS (0)
The bill concerns DNA sample collection from criminal offenders and has no relationship to policies affecting older Americans, retirement security, or services for seniors.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
The bill strengthens law enforcement capabilities by expanding DNA collection to include misdemeanor domestic violence and sexual battery (Section 19-5502(10)), which Section 19-5501 identifies as "a useful law enforcement tool for identifying and prosecuting" offenders and "assist[ing] federal, state, and local criminal justice and law enforcement agencies...in the detection and prosecution of individuals responsible for such serious crimes." The new Section 19-5507 establishes clear procedures with 10-day collection deadlines and assigns specific responsibilities to courts, jails, and correctional facilities, ensuring systematic DNA collection that aids in solving crimes and protecting victims' interests through improved identification and prosecution of offenders.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill addresses state-level DNA collection from criminal offenders and does not concern military strength, veterans' affairs, national defense, border security, terrorism, or military deployment.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill concerns DNA sample collection procedures and does not address judicial elections, judicial selection processes, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill addresses DNA collection from criminal offenders and has no relationship to religious freedom, free exercise of religion, conscience clauses, or the Religious Freedom Restoration Act.