Insanity now, serenity later? DNA testing at time of arrest
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One of the many criminal justice bills proposed this term is SB 838. While I mentioned it in the list, I haven’t yet had the opportunity to comment on it. So this Law Tribune article provides the perfect opportunity. Pursuant to this bill, any person arrested for any Class A or Class B felony must give a DNA sample. Currently, the law provides that if you are convicted of any felony you have to provide a DNA sample. The proposed bill does provide for a mechanism to destroy the DNA sample, if found not guilty or if the charges are nolled or dismissed. However, the request must be made by the acquittee and is not automatic.
The bigger problem with this bill, ofcourse, is that the offense of arrest may have no need for a DNA sample. For example, why must someone accused of Robbery be required to give a DNA sample? Or even Assault, if there is no involvement of bodily fluids?
Here’s a list of B felonies for which this is unnecessary (in my opinion):
- Promoting Prostitution
- Kidnapping
- Burglary
- Arson
- Identity Theft
- Robbery
- Trafficking in persons
- Promoting a minor in an obscene performance
- Importing child p—-graphy
- Possessing child p….
- Computer crime in the first degree
- Money laundering
- Vendor fraud
Well, you get the point. The bill, while a good idea, needs to be more specific. Then there’s the whole privacy argument. DNA is very personal and unless absolutely necessary, there’s no reason for samples to be given to law enforcement. One step closer to “Minority Report”?
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I agree that it is indefensible to demand samples from anyone arrested for an A or B felony in this context. It’s ridiculous not to (1) require a showing of relevance or necessity of the sample to prove the identity of the offender for the instant offense and (2)guarantee destruction of the sample (and that it won’t be included in a database) upon a finding of not guilty, a nolle or dismissal, or a conviction of a lesser charge that is not an A or B felony.