« Ind. Courts - "Logansport indecent exposure case dismissed again" | Main | Ind. Courts - "Suggestions on how you can use Doxpop more productively in these economically challenging times" »

Thursday, February 05, 2009

Ind. Law - More on "Bill allows DNA from felony arrestees"

Updating this ILB entry from Feb. 1st, the State of Washington is concerning a similar bill. Here is a report from the Wed. issue of the Seattle Times, headed "Controversial measure would require DNA sampling at arrest," reported by Jennifer Sullivan. Some quotes:

OLYMPIA — Suspects arrested in cases as minor as shoplifting would have to give a DNA sample before they are even charged with a crime if a controversial proposal is approved by the Legislature.

State criminal defense groups and the American Civil Liberties Union say the House bill is unconstitutional. It would mandate that police or jail staff collect DNA from all adults and juveniles arrested on suspicion of a felony or gross misdemeanor.

More than a dozen states already allow law enforcement to collect DNA from suspects before they are convicted. Three more states, including Washington, are considering such proposals this year. * * *

A separate bill in the Senate also would allow for DNA collection before conviction — but only after formal charges are filed. * * *

The DNA would be submitted to the State Patrol and the FBI databases, which are used to match suspects with unsolved crimes. Under the bill, authorities would destroy samples and DNA profiles obtained from people who weren't charged, were found not guilty or whose convictions were overturned.

Miloscia said each DNA test costs $82. A rough estimate shows the program could cost $1 million over two years.

Miloscia suggested that the state could apply for federal money to help cover the cost, and legislative staff said fees charged to certain criminals also could offset the cost. Prosecutors, however, said only a small percentage of those ordered to pay the fees actually do.

Jack King, staff attorney for the National Association of Criminal Defense Lawyers in Washington, D.C., said his organization has been fighting similar DNA-collection proposals since 2004.

"DNA samples reveal the most personal, private information about a person's physical and mental makeup," King said. "It is terribly unfair to an arrestee."

King said he believes that seizing biological evidence before conviction violates constitutional protections against unreasonable search and seizure.

From the Tacoma News Tribune, this story by Joseph Turner reports:
Rep. Mark Miloscia, D-Federal Way, prime sponsor of the DNA sampling bill, said 15 other states and the federal government already have laws that allow authorities to collect DNA from suspects after their arrest.

HB 1382 also would set up a funding mechanism to pay for the collection and processing of DNA samples. The bill would levy a 5 percent surcharge on all traffic offenses and a 10 percent surcharge on all fines levied on criminal defendants, which would raise about $3 million a year. Police and sheriff’s departments would be reimbursed for their costs of collecting samples, and the state crime lab would get a regular source of money to put DNA markers into a database.

Even though Washington courts now charge defendants $100 to pay for their DNA swabs, only about 10 percent ever pay because that fine is at the bottom of the priority list of their financial obligations, according to the governor’s budget office.

Posted by Marcia Oddi on February 5, 2009 04:37 PM
Posted to Indiana Law