Kentucky 2026 Regular Session Status: Passed House Bipartisan · 2 R · 1 D cosponsors

HB 414 — AN ACT relating to booking procedures in local jails.

Last action — to Judiciary (S)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced January 15, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 68% · high confidence

  • Passed House

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Amend KRS 17.169 to include local law enforcement as persons authorized to collect DNA samples; define "rapid DNA instruments"; amend KRS 17.170 to provide for the collection of DNA samples at arrest or initial appearance from all persons charged with a felony offense; allow for collection of a second DNA sample by approved local governments to be processed via rapid DNA instruments; amend KRS 17.175 to provide that a person may request expungement of the record of his or her DNA in certain enumerated circumstances; amend KRS 64.060 to establish a $5 payment from the State Treasury to the collecting agency for each DNA sample collected.

Bill Text

What changed in the latest version

199 added · 217 removed

199 line(s) added, 217 removed.

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UNOFFICIAL COPY 26 RS BR 1663 AN ACT relating to booking procedures in local jails.
UNOFFICIAL COPY 26 RS HB 414/GA AN ACT relating to booking procedures in local jails.
(1) "DNA sample" or "deoxyribonucleic acid sample" means a biological sample[blood or swab specimen] from a person, as prescribed by administrative regulation, that is required to provide a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the Department of Kentucky State Police forensic laboratory for law enforcement identification purposes and inclusion in law enforcement identification databases;[ and] (2) "Authorized personnel" means an agent of state or local government who is properly trained in DNA sample collection pursuant to administrative regulation;
(1) "DNA sample" or "deoxyribonucleic acid sample" means a buccal[blood or] swab specimen from a person, as prescribed by administrative regulation, that is required to provide a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the Department of Kentucky State Police forensic laboratory for law enforcement identification purposes and inclusion in law enforcement identification databases;[ and] (2) "Authorized personnel" means an agent of state or local government who is properly trained in DNA sample collection pursuant to administrative regulation;
Page 1 of 9 XXXX 1/14/2026 11:23 AM Jacketed UNOFFICIAL COPY 26 RS BR 1663 3.
Page 1 of 8 HB041410.100 - 1663 - XXXX 2/19/2026 2:43 PM GA UNOFFICIAL COPY 26 RS HB 414/GA 3.
(3) (a) An arresting peace officer who takes any person arrested for a felony offense directly before a judge without booking the person into a jail shall have a DNA sample collected from the person by authorized personnel and shall submit that sample to the Department of Kentucky State Police forensic laboratory.
(3) (a) The jailer or other local correctional official into whose custody a person arrested for a felony offense is committed shall have a DNA sample collected from the person by authorized personnel as part of the person's booking process and shall submit that sample to the Department of Kentucky State Police forensic laboratory using its provided collection kit.
(b) The jailer or other local correctional official into whose custody a person arrested for a felony offense is committed shall have a DNA sample collected from the person by authorized personnel as part of the person's booking process and shall submit that sample to the Department of Kentucky State Police forensic laboratory.
(b) It shall not be necessary to collect a DNA sample from a person under this section if the person charged with collecting the sample verifies through a mechanism approved by the Department of Kentucky State Police forensic laboratory both the identity of the charged person and that the person has previously submitted a DNA sample that remains on file.
(c) If a person making his or her initial court appearance before a judge pursuant to an arrest, indictment, summons, or other process for the charge of a felony offense has not previously had a sample of his or her DNA collected pursuant to this subsection, the sheriff shall have a DNA sample collected from the person by authorized personnel as part of that person's initial appearance.
(c) A DNA sample may be collected by authorized personnel at any point during the pendency of a charge for a felony offense made after the effective date of this Act if a DNA sample was not previously collected pursuant to this section, or if a previously collected DNA sample was lost, damaged, destroyed, contaminated, or was otherwise unusable.
The sheriff shall submit the DNA samples collected to the Department of Kentucky State Police forensic laboratory.
(d) 1.
The judge before whom the person is appearing shall issue any orders necessary to effectuate the requirements of this paragraph.
(d) It shall not be necessary to collect a DNA sample from a person under this section if the person charged with collecting the sample verifies through a Page 2 of 9 XXXX 1/14/2026 11:23 AM Jacketed UNOFFICIAL COPY 26 RS BR 1663 mechanism approved by the Department of Kentucky State Police forensic laboratory both the identity of the charged person and that the person has previously submitted a DNA sample that remains on file.
(e) A DNA sample may be collected by authorized personnel at any point during the pendency of a charge for a felony offense made after the effective date of this Act if a DNA sample was not previously collected pursuant to this section, or if a previously collected DNA sample was lost, damaged, destroyed, contaminated, or was otherwise unusable.
(f) 1.
The second DNA sample shall be destroyed after processing, and resulting profiles shall be stored and searched only in the state DNA database.
The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish standards for the operation of rapid DNA instruments by local governments.
3.
Page 2 of 8 HB041410.100 - 1663 - XXXX 2/19/2026 2:43 PM GA UNOFFICIAL COPY 26 RS HB 414/GA (4) Any person who is required to register as a sex offender under KRS 17.510 who is not otherwise required to submit to a DNA sample collection under this section or KRS 17.510, including those persons convicted of a felony or adjudicated as a public offender on offenses in other jurisdictions as identified in KRS 17.510(6) and (7), shall have a DNA sample collected by authorized personnel.
The cabinet shall promulgate regulations in accordance with KRS Chapter 13A to establish standards for the operation of rapid DNA instruments by local governments.
(4) Any person who is required to register as a sex offender under KRS 17.510 who is not otherwise required to submit to a DNA sample collection under this section or KRS 17.510, including those persons convicted of a felony or adjudicated as a public offender on offenses in other jurisdictions as identified in KRS 17.510(6) and (7), shall have a DNA sample collected by authorized personnel.
(6)[(5)] A DNA sample shall be obtained in an approved manner by authorized Page 3 of 9 XXXX 1/14/2026 11:23 AM Jacketed UNOFFICIAL COPY 26 RS BR 1663 personnel[, a physician, registered nurse, phlebotomist, medical technician, or medical technologist,] and packaged with supplies and containers provided by the Department of Kentucky State Police forensic laboratory in accordance with administrative regulations promulgated by the cabinet in accordance with KRS Chapter 13A.
(6)[(5)] (a) A DNA sample shall be obtained in an approved manner by authorized personnel[, a physician, registered nurse, phlebotomist, medical technician, or medical technologist,] and packaged with supplies and containers provided by the Department of Kentucky State Police forensic laboratory in accordance with administrative regulations promulgated by the cabinet in accordance with KRS Chapter 13A.
[No ]Civil liability shall not attach to any person authorized to obtain the DNA sample as provided by this section as a result of the act of obtaining the DNA sample from any person if[, provided] the procedure was done according to administrative regulations by the cabinet.
(b) [No ]Civil liability shall not attach to any person authorized to obtain the DNA sample as provided by this section as a result of the act of obtaining the DNA sample from any person if[, provided] the procedure was performed[done] according to administrative regulations by the cabinet.
(8)[(7)] Any person required to provide a DNA sample under this section or KRS 17.510 who, after receiving notice of the requirement to provide a DNA sample, knowingly refuses to provide such DNA sample, shall be guilty of a Class A misdemeanor for each separate violation of the offense.
(8)[(7)] Any person required to provide a DNA sample under this section or KRS 17.510 who, after receiving notice of the requirement to provide a DNA sample, knowingly refuses to provide the[such] DNA sample, shall be guilty of a Class A misdemeanor for each separate violation of the offense.
(9)[(8)] Any person who tampers or attempts to tamper with any DNA sample collected under this section or its container without lawful authority shall be guilty of a Class D felony.
(9)[(8)] Any person who tampers or attempts to tamper with any DNA sample collected under this section or its container without lawful authority shall be guilty Page 3 of 8 HB041410.100 - 1663 - XXXX 2/19/2026 2:43 PM GA UNOFFICIAL COPY 26 RS HB 414/GA of a Class D felony.
(1) A centralized database of DNA (deoxyribonucleic acid) identification records for convicted or adjudicated offenders, adults arrested for, indicted for, or charged with a felony offense, crime scene specimens, unidentified human remains, missing persons, and close biological relatives of missing persons shall be established in the Page 4 of 9 XXXX 1/14/2026 11:23 AM Jacketed UNOFFICIAL COPY 26 RS BR 1663 Department of Kentucky State Police under the direction, control, and supervision of the Department of Kentucky State Police forensic laboratory.
(1) A centralized database of DNA (deoxyribonucleic acid) identification records for convicted or adjudicated offenders, adults arrested for, indicted for, or charged with a felony offense, crime scene specimens, unidentified human remains, missing persons, and close biological relatives of missing persons shall be established in the Department of Kentucky State Police under the direction, control, and supervision of the Department of Kentucky State Police forensic laboratory.
(2) The purpose of the centralized DNA database is to assist federal, state, and local criminal justice and law enforcement agencies within and outside the Commonwealth in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes, and the identification and location of missing and unidentified persons.
(2) (a) The purpose of the centralized DNA database is to assist federal, state, and local criminal justice and law enforcement agencies within and outside the Commonwealth in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes, and the identification and location of missing and unidentified persons.
Analysis of DNA samples obtained pursuant to this chapter is not authorized for identification of any medical or genetic disorder.
(b) Analysis of DNA samples obtained pursuant to this chapter:
(3) (a) The Department of Kentucky State Police forensic laboratory shall receive, analyze, and classify DNA samples received from the Department of Corrections, the Department of Juvenile Justice, and other sources, and shall file the DNA results in the centralized databases for law enforcement identification and statistical purposes.
1.
The department shall analyze and classify all sexual assault evidence collection kits it receives.
Shall be used solely for criminal justice and law enforcement identification, exclusion, and investigative purpose;
and 2.
Is not authorized for:
a.
Any non-criminal justice purpose, including but not limited to insurance or employment determinations;
or Page 4 of 8 HB041410.100 - 1663 - XXXX 2/19/2026 2:43 PM GA UNOFFICIAL COPY 26 RS HB 414/GA b.
Identification of any medical or genetic disorder.
(3) (a) The Department of Kentucky State Police forensic laboratory shall:
1.
Receive, analyze, and classify DNA samples received from the Department of Corrections, the Department of Juvenile Justice, and other sources;[, and shall ] 2.
File the DNA results in the centralized databases for law enforcement identification and statistical purposes;
and[.
The department shall ] 3.
Analyze and classify all sexual assault evidence collection kits it receives.
(b) Failure to meet the completion time goals established in paragraph (a) of this subsection shall not be a basis for a dismissal of a criminal action or a bar to the admissibility of evidence.
(b) Failure to meet the completion time goals established in paragraph (a)3.
Page 5 of 9 XXXX 1/14/2026 11:23 AM Jacketed UNOFFICIAL COPY 26 RS BR 1663 (c) The Department of Kentucky State Police shall, by August 1 of each year, report to the Legislative Research Commission the yearly average completion rate for the immediately preceding five (5) fiscal years.
of this subsection shall not be a basis for a dismissal of a criminal action or a bar to the admissibility of evidence.
(d) With approval by the secretary of the Justice and Public Safety Cabinet in situations in which an equipment casualty necessitates the expedited acquisition or repair of laboratory equipment required for the analysis of evidence, the acquisition or repair shall be exempt from the Finance and Administration Cabinet's competitive bidding process for both acquisition and repair purposes.
(c) The Department of Kentucky State Police shall, by August 1 of each year, report to the Legislative Research Commission the yearly average completion rate for the immediately preceding five (5) fiscal years.
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(d) With approval by the secretary of the Justice and Public Safety Cabinet in situations in which an equipment casualty necessitates the expedited acquisition or repair of laboratory equipment required for the analysis of evidence, the acquisition or repair shall be exempt from the Finance and Administration Cabinet's competitive bidding process for both acquisition and Page 5 of 8 HB041410.100 - 1663 - XXXX 2/19/2026 2:43 PM GA UNOFFICIAL COPY 26 RS HB 414/GA repair purposes.
(e) To the extent appropriated funds are insufficient to meet the average completion time goals established in paragraph (a) of this subsection, the Department of Kentucky State Police forensic laboratory shall no longer be required to meet the average completion time goals.
(e) To the extent appropriated funds are insufficient to meet the average completion time goals established in paragraph (a)3.
of this subsection, the Department of Kentucky State Police forensic laboratory shall no longer be required to meet the average completion time goals.
(5) DNA identification records produced from evidence collected as a result of an Page 6 of 9 XXXX 1/14/2026 11:23 AM Jacketed UNOFFICIAL COPY 26 RS BR 1663 examination performed under KRS 216B.400 that are voluntarily submitted solely for elimination purposes shall not be checked against or included in the centralized database created pursuant to this section or any other database.
(5) DNA identification records produced from evidence collected as a result of an examination performed under KRS 216B.400 that are voluntarily submitted solely for elimination purposes shall not be checked against or included in the centralized database created pursuant to this section or any other database.
(6) A person whose DNA profile has been included in the data bank pursuant to this chapter may apply to the Department of Kentucky State Police for removal and destruction of the DNA record and DNA sample if the arrest or conviction that led to the taking of the DNA sample or inclusion of the DNA record resulted in an acquittal, a dismissal, a nolle prosequi, a conviction for a nonfelony offense, [request expungement on the grounds that the conviction or adjudication on which the authority for including the DNA profile was based has been reversed and the case dismissed], or if[that] the person successfully completed the pretrial diversion program under KRS 533.258 and the charges were dismissed-diverted.
(6) (a) 1.
The Department of Kentucky State Police shall expunge all identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receiving a valid expungement request accompanied by any verifying documentation the department shall require by administrative regulation[receipt of:
The Department of Kentucky State Police forensic laboratory shall automatically expunge all identifiable information in the DNA database and destroy all DNA samples pertaining to a person whose DNA profile was included in the DNA database pursuant to this chapter if the charge or conviction results in:
(a) A written request for expungement pursuant to this section;
Page 6 of 8 HB041410.100 - 1663 - XXXX 2/19/2026 2:43 PM GA UNOFFICIAL COPY 26 RS HB 414/GA a.
An acquittal;
b.
A dismissal;
c.
A nolle prosequi;
d.
A conviction for a nonfelony offense;
or e.
Successful completion of a pretrial diversion program under KRS 533.258 and designation of the charges as dismissed- diverted.
2.
The expungement required by this paragraph shall occur upon receipt of official notice of final disposition from the court or other appropriate reporting agency and shall not require a written request from the individual.
(b) A person whose DNA profile was included in the data bank pursuant to this chapter as a result of a felony conviction that is subsequently expunged under KRS 431.073 shall submit a written request for expungement to the Department of Kentucky State Police forensic laboratory.
The request shall be accompanied by a certified documentation of the court order granting expungement.
Upon receipt of a valid request and required documentation, the department shall expunge all identifiable information in the data bank pertaining to the person and destroy all DNA samples from the person[A person whose DNA profile has been included in the data bank pursuant to this chapter may request expungement on the grounds that the conviction or adjudication on which the authority for including the DNA profile was based has been reversed and the case dismissed, or that the person successfully completed the pretrial diversion program under KRS 533.258 and the charges were dismissed-diverted.
The Department of Kentucky State Police shall expunge all identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of:
Page 7 of 8 HB041410.100 - 1663 - XXXX 2/19/2026 2:43 PM GA UNOFFICIAL COPY 26 RS HB 414/GA (a) A written request for expungement pursuant to this section;
Page 7 of 9 XXXX 1/14/2026 11:23 AM Jacketed UNOFFICIAL COPY 26 RS BR 1663 (8) The Department of Kentucky State Police shall destroy all DNA samples that are not entered into the DNA database identification system.
(8) The Department of Kentucky State Police shall destroy all DNA samples that are not entered into the DNA database identification system.
Section 4.
Page 8 of 8 HB041410.100 - 1663 - XXXX 2/19/2026 2:43 PM GA
KRS 64.060 is amended to read as follows:
(1) Sheriffs, jailers, constables granted peace officer powers, coroners, marshals, and police officers[policemen] shall be paid out of the State Treasury for the following services the following fees:
(a) Apprehending a person on charge of felony, or a fugitive from justice charged with a felony in this state........................................$10.00 (b) Executing a process of contempt in a criminal case when the court excuses the contempt ................................................$1.60 (c) Executing a summons upon a witness in behalf of the Commonwealth in a felony case ......................................................$3.00 (d) Summoning a jury, on order of a court, in a county other than that in which the action is pending, a reasonable allowance to be fixed by the court.
(e) Summoning and attending a jury in a case of felony ................................$2.50 (f) For each DNA sample collected and transmitted to the Department of Kentucky State Police in accordance with Section 2 of this Act that results in a usable DNA profile, that is not received in duplicate, and is not deemed unacceptable due to a collection error......................................................$5.00 (2) A[No] claim for services incidental to examining courts shall not be allowed to any sheriff, deputy sheriff, constable, marshal, police officer[policeman], or other officer authorized to execute process in felony cases until the grand jury has returned an indictment for a felony.
Page 8 of 9 XXXX 1/14/2026 11:23 AM Jacketed UNOFFICIAL COPY 26 RS BR 1663 (3) Constables and deputy constables authorized to exercise the powers of a peace officer under KRS 70.325(2) shall be entitled to the fees provided under subsection (1) of this section and shall be subject to the requirements of subsection (2) of this section.
Page 9 of 9 XXXX 1/14/2026 11:23 AM Jacketed
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Action History

  1. to Judiciary (S)

  2. to Committee on Committees (S)

  3. received in Senate

  4. 3rd reading, passed 73-18 with Committee Substitute (1)

  5. posted for passage in the Regular Orders of the Day for Thursday, February 19 2026

  6. 2nd reading, to Rules

  7. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  8. to Local Government (H)

  9. to Committee on Committees (H)

  10. introduced in House

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 135 not signed on · 18 voted No

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (135)

135 members have not signed on to this bill.

Show all 135 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 73 Yea · 18 Nay · 9 Other
Party YeaNayPresentNot Voting
Democrat 17003
Republican 551806
Unaffiliated 1000
Total 731809
% of votes cast 73%18%0%9%
How each member voted (100)
Member Party Vote
Lewis C — Yea
Adam Moore Democrat Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Anne Gay Donworth Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
Erika Hancock Democrat Yea
George Brown Jr. Democrat Yea
Joshua Watkins Democrat Yea
Lindsey Burke Democrat Not Voting
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Matthew Lehman Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Thompson Republican Yea
Adam Bowling Republican Not Voting
Amy Neighbors Republican Yea
Bill Wesley Republican Not Voting
Bobby McCool Republican Yea
Candy Massaroni Republican Nay
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Nay
Emily Callaway Republican Yea
Felicia Rabourn Republican Nay
J.T. Payne Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Nay
Jason Nemes Republican Yea
Jason Petrie Republican Nay
Jennifer Decker Republican Nay
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Not Voting
Josh Bray Republican Nay
Josh Calloway Republican Nay
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim Holloway Republican Nay
Kim King Republican Yea
Kimberly Poore Moser Republican Nay
Marianne Proctor Republican Nay
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Nay
Matthew Koch Republican Not Voting
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Mitch Whitaker Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Not Voting
Randy Bridges Republican Not Voting
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Bivens Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Nay
Shawn McPherson Republican Yea
Stephanie Dietz Republican Nay
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Nay
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Tony Hampton Republican Yea
Vanessa Grossl Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Nay

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Subjects

public-safety
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Frequently asked questions

What does HB 414 do?
Amend KRS 17.169 to include local law enforcement as persons authorized to collect DNA samples; define "rapid DNA instruments"; amend KRS 17.170 to provide for the collection of DNA samples at arrest or initial appearance from all persons charged with a felony offense; allow for collection of a second DNA sample by approved local governments to be processed via rapid DNA instruments; amend KRS 17.175 to provide that a person may request expungement of the record of his or her DNA in certain enumerated circumstances; amend KRS 64.060 to establish a $5 payment from the State Treasury to the collecting agency for each DNA sample collected.
Who sponsors HB 414?
HB 414 is sponsored by Amy Neighbors (Republican), George Brown Jr. (Democrat), and Patrick Flannery (Republican).
What is the current status of HB 414?
This bill has passed the House. Introduced January 15, 2026. It now moves to the second chamber.
Where can I track HB 414?
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