DNA Provisions - Fifty State Survey

last updated Oct. 2018

 

  • Alabama (AL)

    • None

  • Alaska (AK)

    • None

  • Arizona (AZ)

    • None

  • Arkansas (AR)

    • (j) When deoxyribonucleic acid (DNA) testing implicates a person previously identified through a search of the State DNA Data Base or National DNA Index System, a statute of limitation shall not preclude prosecution of the offense.

    • Ark. Code Ann. § 5-1-109 (West)

    • Arkansas, Ark. Code § 5-1-109 Statute of limitations: (b)(1)(B) For rape (§ 5-14-103), the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile. (i) If there is biological evidence connecting a person with the commission of an offense and that person's identity is unknown, the prosecution is commenced if an indictment or information is filed against the unknown person and the indictment contains the genetic information of the unknown person and the genetic information is accepted to be likely to be applicable only to the unknown person. (j) When DNA testing implicates a person previously identified through a search of state or national DNA database, a statute of limitations shall not preclude prosecution.

  • California (CA)

    • (g)(1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: (A) The crime is one that is described in subdivision (c) of Section 290. (B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. (2) For purposes of this section, “DNA” means deoxyribonucleic acid.

    • Cal. Penal Code § 803 (West)

  • Colorado (CO)

    • Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children, in any case in which the identity of the defendant or juvenile is determined, in whole or in part, by patterned chemical structure of genetic information, and in which the offense has been reported to a law enforcement agency, as defined in section 26-1-114(3)(a)(III)(B), C.R.S., within twenty years after the commission of the offense, there shall be no limit on the period of time during which a person may be prosecuted after the commission of the offense:

    • Colo. Rev. Stat. Ann. § 16-5-401 (West)

  • Connecticut (CT)

    • Notwithstanding the provisions of sections 54-193 and 54-193a, there shall be no limitation of time within which a person may be prosecuted for a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, provided (1) the victim notified any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense not later than five years after the commission of the offense, and (2) the identity of the person who allegedly committed the offense has been established through a DNA (deoxyribonucleic acid) profile comparison using evidence collected at the time of the commission of the offense.

    • Conn. Gen. Stat. Ann. § 54-193b (West)

  • Delaware (DE)

    • (i) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in this title may be commenced within 10 years after it is committed if based upon forensic DNA testing.

    • Del. Code Ann. tit. 11, § 205 (West)

  • Florida (FL)

    • (15)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced within 1 year after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:

    • Fla. Stat. Ann. § 775.15 (West)

  • Georgia (GA)

    • (d) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused: (1) Armed robbery, as defined in Code Section 16-8-41; (2) Kidnapping, as defined in Code Section 16-5-40; (3) Rape, as defined in Code Section 16-6-1; (4) Aggravated child molestation, as defined in Code Section 16-6-4; (5) Aggravated sodomy, as defined in Code Section 16-6-2; or (6) Aggravated sexual battery, as defined in Code Section 16-6-22.2; provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.

    • Ga. Code Ann. § 17-3-1 (West)

  • Hawaii (HI)

    • (3) If the period prescribed in subsection (2) has expired, a prosecution may nevertheless be commenced for: (c) Any felony offense involving evidence containing deoxyribonucleic acid from the offender, if a test confirming the presence of deoxyribonucleic acid is performed prior to expiration of the period of limitation prescribed in subsection (2), but in no case shall this provision extend the period of limitation by more than ten years from the expiration of the period of limitation prescribed in subsection (2).

    • Haw. Rev. Stat. § 701-108(1)

  • Idaho (ID)

    • None

  • Illinois (IL)

    • (b) For the purposes of this Section: “Completion of the analysis of the submitted evidence” means analysis of the collected evidence and conducting of laboratory tests and the comparison of the collected evidence with the genetic marker grouping analysis information maintained by the Department of State Police under Section 5-4-3 of the Unified Code of Corrections and with the information contained in the Federal Bureau of Investigation's National DNA database.

    • 720 Ill. Comp. Stat. Ann. 5/3-7

  • Indiana (IN)

    • (b) A prosecution for a Class B or Class C felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014) that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state: (1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or (2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.

    • (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a crime committed before July 1, 2014) or as a Level 3 felony (for a crime committed after June 30, 2014) that would otherwise be barred under this section may be commenced not later than five (5) years after the earlier of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis.

    • (o) A prosecution for criminal deviate conduct (IC 35-42-4-2) (repealed) as a Class B felony for a crime committed before July 1, 2014, that would otherwise be barred under this section may be commenced not later than five (5) years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis.

    • Ind. Code Ann. § 35-41-4-2 (West)

  • Iowa (IA)

    • 2. An indictment or information may be found containing only the DNA profile of the person sought. When an indictment or information is found containing only a DNA profile, the limitation of any action under section 802.3 is tolled. 3. However, notwithstanding subsection 2, an indictment or information shall be found against a person within three years from the date the person is identified by the person's DNA profile. If the action involves sexual abuse, another sexual offense, kidnapping, or human trafficking, the indictment or information shall be found as provided in section 802.2, 802.2B, 802.2C, or 802.2D, if the person is identified by the person's DNA profile.

    • Iowa Code Ann. § 802.10 (West)

  • Kansas (KS)

    • (1) When the victim is 18 years of age or older shall be commenced within 10 years or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later; or

    • (2) when the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

    • Kan. Stat. Ann. § 21-5107 (West)

  • Kentucky (KY)

    • none

  • Louisiana (LA)

    • (2) A prosecution under the exception provided by this Paragraph shall be commenced within three years from the date on which the identity of the suspect is established by DNA testing.

    • La. Code Crim. Proc. Ann. art. 572

  • Maine (ME)

    • none

  • Maryland (MD)

    • none

  • Massachusetts (MA)

    • none

  • Michigan (MI)

    • (3) Except as provided in subsection (4) for a violation of section 520c or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520d, in which the victim is under 18 years of age, an indictment for a violation or attempted violation of section 136, 136a, 145c, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.136, 750.136a, 750.145c, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed as follows:(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 15 years after the individual is identified or by the alleged victim's twenty-eighth birthday, whichever is later.

    • (4) An indictment for a violation of section 520c or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520d, in which the victim is under 18 years of age may be found and filed as follows:(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 15 years after the individual is identified or by the alleged victim's twenty-eighth birthday, whichever is later. (5) As used in subsections (3) and (4): “DNA” means human deoxyribonucleic acid (b) “Identified” means the individual's legal name is known and he or she has been determined to be the source of the DNA.

    • Mich. Comp. Laws Ann. § 767.24 (West)

  • Minnesota (MN)

    • Notwithstanding the limitations in paragraph (e), indictments or complaints for violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in the proper court at any time after commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and preserved and the victim was 18 years old or older at the time of the offense, the prosecution must be commenced within nine years after the commission of the offense.

    • Minn. Stat. § 628.26(n)

  • Mississippi (MS)

    • none

  • Missouri (MO)

    • none

  • Montana (MT)

    • If a suspect is conclusively identified by DNA testing after a time period prescribed in subsection (1)(b) or (1)(c) has expired, a prosecution may be commenced within 1 year after the suspect is conclusively identified by DNA testing.

    • Mont. Code Ann. § 45-1-205 (West)

  • Nebraska (NE)

    • none

  • Nevada (NV)

    • none

  • New Hampshire (NH)

    • none

  • New Jersey (NJ)

    • c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.

    • N.J. Stat. Ann. § 2C:1-6 (West)

  • New Mexico (NM)

    • When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect.

    • N.M. Stat. Ann. § 30-1-9.2 (West)

  • New York (NY)

    • Subdivision (4)(a)(ii) excludes a period during which the “whereabouts of the defendant” were “continuously unknown and continuously unascertainable by the exercise of reasonable diligence.” The phrase “whereabouts of the defendant” includes the situations where the “police may be ignorant of the whereabouts of a perpetrator of a crime where they have identified the perpetrator but lack knowledge of his or her physical location, or where they have not identified the perpetrator at all and thus cannot determine where he or she is.” People v. Seda, 93 N.Y.2d 307, 311, supra (1999)

    • (“defendant's whereabouts were ‘continuously unknown and continuously unascertainable,’ despite the reasonable diligence of the detectives assigned to the case, until his DNA profile from the rape kit taken from the victim was matched to DNA evidence taken from defendant pursuant to a subsequent incarceration”). People v. Ramos, 13 N.Y.3d 881, 881-82, 893 N.Y.S.2d 831, 921 N.E.2d 598 (2009).

    • N.Y. Crim. Proc. Law § 30.10 (McKinney)

  • North Carolina (NC)

    • none

  • North Dakota (ND)

    • 2. If, based upon evidence containing deoxyribonucleic acid or a fingerprint obtained at the time of offense, a suspect is conclusively identified by deoxyribonucleic acid testing after the time period prescribed in subsection 1 has expired, a prosecution may be commenced within three years after the suspect is conclusively identified by the deoxyribonucleic acid testing or fingerprint authentication.

    • N.D. Cent. Code Ann. § 29-04-03.1 (West)

  • Ohio (OH)

    • (D)(1) If a DNA record made in connection with the criminal investigation of the commission of a violation of section 2907.02 or 2907.03 of the Revised Code is determined to match another DNA record that is of an identifiable person and if the time of the determination is later than twenty-five years after the offense is committed, prosecution of that person for a violation of the section may be commenced within five years after the determination is complete.

    • (2) If a DNA record made in connection with the criminal investigation of the commission of a violation of section 2907.02 or 2907.03 of the Revised Code is determined to match another DNA record that is of an identifiable person and if the time of the determination is within twenty-five years after the offense is committed, prosecution of that person for a violation of the section may be commenced within the longer of twenty-five years after the offense is committed or five years after the determination is complete.

    • Ohio Rev. Code Ann. § 2901.13 (West)

  • Oklahoma (OK)

    • However, prosecutions for the crimes listed in paragraph 1 of this subsection may be commenced at any time after the commission of the offense if: a. physical evidence is collected and preserved that is capable of being tested to obtain a profile from deoxyribonucleic acid (DNA), and b. the identity of the offender is subsequently established through the use of a DNA profile using evidence listed in subparagraph a of this paragraph. A prosecution under this exception must be commenced within three (3) years from the date on which the identity of the suspect is established by DNA testing.

    • Okla. Stat. Ann. tit. 22, § 152 (West)

  • Oregon (OR)

    • (10) Notwithstanding subsections (2) and (3) of this section, if the defendant is identified after the period described in subsection (2) or (3) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for: (a) Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime. (b) Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.

    • (11) Notwithstanding subsection (10) of this section, if a prosecution for a felony listed in subsection (10) of this section would otherwise be barred by subsection (2) or (3) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant.

    • Or. Rev. Stat. Ann. § 131.125 (West)

  • Pennsylvania (PA)

    • (c.1) Genetic identification evidence.--Notwithstanding any provision of law to the contrary, if evidence of a misdemeanor sexual offense set forth in subsection (c)(3) or a felony offense is obtained containing human deoxyribonucleic acid (DNA) which is subsequently used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution of the offense may be commenced within the period of limitations provided for the offense or one year after the identity of the individual is determined, whichever is later.

    • 42 Pa. Stat. Ann. § 5552 (West)

  • Rhode Island (RI)

    • none

  • South Carolina (SC)

    • none

  • South Dakota (SD)

    • none

  • Tennessee (TN)

    • Arrest warrant sufficiently identified defendant by references to “John Doe” and inclusion of his DNA profile, so as to commence prosecution for attempted aggravated rape within eight-year statutory limitations period; “John Doe” designation in warrant, coupled with detailed DNA profile of assailant, identified defendant with “reasonable certainty,” as was required by both constitution and statute, and, as a result, prosecution was properly and timely commenced within eight-year statute of limitations by filing of “John Doe” arrest warrant. State v. Burdick, 2012, 395 S.W.3d 120.

    • Tenn. Code Ann. § 40-2-101 (West)

  • Texas (TX)

    • Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: (1) no limitation: (C) sexual assault, if (i) during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained

    • Tex. Crim. Proc. Code Ann. § 12.01 (West)

  • Utah (UT)

    • (3) If the statute of limitations would have run but for the provisions of Subsection (2) and identification of a perpetrator is made through DNA, a prosecution shall be commenced within one year of the discovery of the identity of the perpetrator.

    • Utah Code Ann. § 76-1-302 (West)

  • Vermont (VT)

    • none

  • Virginia (VA)

    • none

  • Washington (WA)

    • 3) In any prosecution for a sex offense as defined in RCW 9.94A.030, the periods of limitation prescribed in subsection (1) of this section run from the date of commission or one year from the date on which the identity of the suspect is conclusively established by deoxyribonucleic acid testing or by photograph as defined in RCW 9.68A.011, whichever is later.

    • Wash. Rev. Code Ann. § 9A.04.080 (West)

  • West Virginia (WV)

    • none

  • Wisconsin (WI)

    • (c) If, before the applicable time limitation under sub. (1) or (2)(am), (ar), (c), or (cm) for commencing prosecution of a felony under ch. 940 or 948, other than a felony specified in sub. (2)(a), expires, the state collects biological material that is evidence of the identity of the person who committed the felony, identifies a deoxyribonucleic acid profile from the biological material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons, the state may commence prosecution of the person who is the source of the biological material for the felony or a crime that is related to the felony or both within 12 months after comparison of the deoxyribonucleic acid profile relating to the felony results in a probable identification of the person or within the applicable time under sub. (1) or (2), whichever is latest.

    • Wis. Stat. Ann. § 939.74 (West)

  • Wyoming (WY)

    • none