Lawfully Owed DNA
Colorado

Yes, from adults only, unless the person has previously provided a biological substance sample for testing pursuant to a statute of Colorado and the Colorado Bureau of Investigati on (CBI) has such sample.

Felonies

At booking.

If collection is impractical at booking, sample may be collected at any other time during detention or pendency of charges.

The arresting law enforcement agency.

If DNA is not collected through the booking process, then upon the person’s first appearance in court following the filing of charges, the Court shall order the defendant to submit to DNA collection through the investigating agency responsible for fingerprinting in the case.

Colorado Bureau of Investigation (CBI).

Yes – written request to CBI, after (i) each felony charge has been dismissed, (ii) no felony charges filed within 90 days of arrest, (iii) acquittal, or (iv) conviction for an offense other than a felony offense.

If the CBI does not receive confirmation of a felony charge within a  ear after receiving the sample for testing, the CBI shall destroy the sample and any results from the testing of the sample.

C.R.S.A. § 16–23–103. COLLECTION OF BIOLOGICAL SAMPLES FROM PERSONS ARRESTED FOR OR CHARGED WITH FELONIES

§ 16–23–104. COLLECTION AND TESTING

§ 16–23–105. EXPUNGEMENT

Case Law: 

People v. Valdez, 405 P.3d 413 (Colo. App. 2017), cert. denied 2017 WL 4872875 (Crime defendant was arrested for was not required to be “serious in nature” to have DNA taken from defendant pursuant to Katie's Law, and thus taking DNA upon defendant's arrest for aggravated driving was not unconstitutional as applied in prosecution for first degree murder; although defendant was in custody for a misdemeanor offense, it was not unconstitutional to take DNA from all arrestees, because the magnitude of the state's interest does not necessarily depend on the seriousness of the crime of arrest).  

People v. Lancaster, 373 P.3d 655 (Colo. App. 2015) (Warrantless buccal swab of defendant's cheek during booking on warrant for revocation of deferred sentence on prior misdemeanor harassment charge, based on error in defendant's criminal history indicating prior conviction for felony offense, in violation of Katie's law, which required collection, during booking, of DNA sample from any person arrested for felony, came within special needs exception to warrant requirement; DNA databases served State's special needs in assisting in exonerating innocent, solving past as well as future crimes, and deterring recidivism, defendant had reduced expectation of privacy as result of probationary status, intrusion of buccal swab to obtain DNA sample was minimal, and there was no showing that violation of Katie's law was willful.)

Yes, unless the person has previously provided a biological substance sample for testing pursuant to a statute of Colorado and CBI has such sample.

Felonies

Not specifically required

If not at arrest, then “at any other time during the adult's detention or during the pendency of charges”

If DNA is not collected through the booking process, then upon the person’s first appearance in court following the filing of charges, the Court shall order the defendant to submit to DNA collection through the investigating agency responsible for fingerprinting in the case.

Colorado Bureau of Investigation (CBI)

Yes – written request to CBI, after conviction for an offense other than a felony offense.

C.R.S.A. §16–23–103. Collection of Biological Samples from Persons arrested for or charged with Felonies

C.R.S.A. §16–23–104. Collection and Testing

§16–23–105. Expungement