HB449 Summary

• Creates three new crimes: unlawful use of DNA in the first degree (Class C felony), second degree (Class D felony), and third degree (Class A misdemeanor).

• Unlawful use of DNA in the first degree prohibits intentionally selling or transferring another individual's DNA sample or genetic data to a third party without express consent.

• Unlawful use of DNA in the second degree prohibits intentionally submitting another's DNA for genetic testing, conducting genetic testing without consent, or disclosing genetic data to a third party without consent (unless previously voluntarily disclosed).

• Unlawful use of DNA in the third degree prohibits intentionally collecting or retaining another's DNA sample with intent to analyze it, or accessing computer systems without authorization to obtain genetic information.

• Exempts law enforcement, criminal proceedings, compliance with court orders, genetic testing companies complying with existing law, covered entities under federal HIPAA regulations, and institutions of higher education from these prohibitions.

• Effective October 1, 2025.