California Bill Aims to Criminalize Unauthorized DNA Collection

Proposed legislation would impose penalties for taking, testing, or selling someone's genetic data without consent

Published on Feb. 9, 2026

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A new bill introduced in the California state legislature would make it a crime to collect, test, share, or sell another person's DNA without their express consent. The proposal, known as AB 1727, would add penalties ranging from misdemeanors to felonies for various forms of unauthorized use of genetic data, with exemptions for law enforcement, prosecutors, court-ordered testing, and academic research.

Why it matters

The bill is part of a broader national trend of lawmakers and privacy advocates seeking to tighten regulations around the use of consumer genetic data, which has raised concerns about privacy tradeoffs as genetic genealogy becomes a powerful tool for solving crimes.

The details

AB 1727 was introduced by Assemblymember Tri Ta and would add Section 367 to the California Penal Code. The bill defines 'express consent' and makes the intentional sale or transfer of another person's DNA a first-degree felony. It also lays out lower felony or misdemeanor penalties for unauthorized testing, disclosure, or retention of DNA. The measure includes exemptions for law enforcement, prosecutors, court-ordered testing, and academic research, as well as for direct-to-consumer genetic testing companies that comply with California's Genetic Information Privacy Act.

  • AB 1727 was introduced in the California state legislature last week.
  • The bill may be heard in committee on March 8, 2026.

The players

Assemblymember Tri Ta

The author of AB 1727, which aims to criminalize the unauthorized collection, testing, or sale of another person's DNA.

California Penal Code

The state law that would be amended by AB 1727 to add penalties for misuse of genetic data.

California's Genetic Information Privacy Act (GIPA)

A state law that sets consent and data-security rules for direct-to-consumer genetic testing companies, which would be exempt from the provisions of AB 1727.

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What they’re saying

“Taking a person's DNA is a planned and malicious crime, and there should be real consequences.”

— Assemblymember Tri Ta, Author of AB 1727 (The Sacramento Bee)

What’s next

If AB 1727 advances through the committee process, lawmakers and stakeholders will debate where to draw the line between genetic privacy and public safety. If passed, the bill could force laboratories, campuses, and testing companies across California to revise their consent forms and data-handling practices.

The takeaway

This proposed legislation reflects growing concerns about the privacy implications of the increasing use of genetic data, particularly in the context of criminal investigations. By imposing penalties for unauthorized collection and use of DNA, California is seeking to strike a balance between public safety and individual privacy rights.