Bill in California Legislature would make it a crime to collect DNA without consent

Daniel Hunt, The Sacramento Bee on Feb 9, 2026

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SACRAMENTO, Calif. — The kinds of DNA-collecting techniques that fuel crime fiction and courtroom TV dramas could soon come with criminal penalties in California when collected without consent by everyday people.

A new bill proposed by an Orange County assemblymember would make it a crime to steal someone’s DNA — such as collecting genetic material from a discarded cup, straw or strand of hair and submitting it for testing without permission.

Assemblymember Tri Ta, R-Westminster, introduced Assembly Bill 1727 last week. The measure would create new penalties for unlawfully collecting, testing, sharing or selling another person’s DNA or genetic data without “express consent,” with punishments ranging from a misdemeanor to felonies.

“Taking a person’s DNA is not a light-hearted act,” Ta said in a statement. “It is a planned and malicious crime, to steal someone’s genetic material and use it for any reason. This is why it is critical that there be real consequences.”

Under the bill, unlawful use of DNA in the first degree would be a felony for intentionally selling or transferring another person’s DNA sample or genetic data to a third party without consent. The offense would be punishable by three, four or five years of incarceration and a fine of up to $15,000. Lesser degrees would care smaller penalties, according to the bill.

Ta’s office said the bill is intended to address the ease with which people leave behind genetic material in everyday life, creating what it described as a growing privacy risk as genetic testing becomes more accessible.

A handful of states have enacted laws aimed at preventing DNA theft, but the penalties vary widely, with Florida among the few that treat some violations as felonies. The Sunshine State passed its Protecting DNA Privacy Act in 2021.

Ta’s bill includes broad exemptions for law enforcement, prosecutors and court-ordered DNA collection, leaving criminal investigations and forensic evidence gathering unaffected while targeting nonconsensual use by private individuals. High-profile cases such as the Golden State Killer case, in which investigators identified Joseph James DeAngelo by testing DNA collected from his garbage, were among the first examples of the power of genetic evidence in solving crimes and the privacy concerns surrounding how easily DNA can be obtained. Investigators used the same technique to identify the NorCal Rapist, Roy Charles Waller, who was also convicted years after the crimes.

The bill also would exempt public and private universities, shielding academic research from criminal liability.

The bill also would not apply to direct-to-consumer genetic testing companies that comply with California’s Genetic Information Privacy Act, a 2021 law governing how those companies collect, use and disclose genetic data.

The bill may be heard in committee as soon as March 8, according to the legislative file.

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