DE HB46

Expands DNA collection requirements to apply at arrest (rather than only at conviction) for "qualifying offenses," defined as sexual offenses, offenses against children/incompetents, and violent felonies under Title 11.

Requires buccal swab collection at arrest and allows blood sample or buccal swab collection after conviction; samples cannot be processed or placed in database until probable cause is found, and must be immediately destroyed if no probable cause is established.

Applies to individuals currently incarcerated who are convicted of at least one qualifying offense and were not previously required to provide DNA samples.

Establishes automatic destruction or expungement of DNA samples and records from the state database if an individual is not convicted of a qualifying offense and no new trial is permitted.

Act becomes effective upon receipt of a federal grant under the Katie Sepich Enhanced DNA Collection Act of 2012, or upon specific annual appropriation.