Bill > HB449

This bill creates three new criminal offenses related to the unauthorized use of an individual's DNA: unlawful use of DNA in the first, second, and third degrees. First-degree offense, a Class C felony, involves selling or transferring another person's DNA sample or genetic data without their express consent. Second-degree offense, a Class D felony, includes submitting another's DNA for testing, conducting genetic testing, or disclosing genetic data without consent, with an exception for data previously voluntarily disclosed. Third-degree offense, a Class A misdemeanor, covers collecting or retaining another's DNA sample without consent, either with intent to analyze or by unauthorized computer system access. The bill defines key terms like DNA, DNA sample, express consent, and genetic data, emphasizing that consent requires clear disclosure and an intentional affirmative action. Importantly, the law includes several exceptions for DNA use by law enforcement, legal proceedings, court orders, healthcare entities, genetic testing companies, and higher education institutions. Each instance of unauthorized DNA use constitutes a separate violation, and the law is set to take effect on October 1, 2025, providing a comprehensive legal framework to protect individuals' genetic privacy.

Justice

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