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Thursday, January 10, 2013

Ind. Law - Collect DNA from every felony arrestee?

From a press release:

STATEHOUSE (Jan. 10, 2013) — State Sen. Tom Wyss (R-Fort Wayne) today announced legislation aimed at improving criminal prosecution and establishing a statewide DNA database.

Senate Bill 245 would require every person arrested for a felony to submit a DNA sample for inclusion in the Indiana DNA Database. In the event he or she is acquitted of all charges, the charges are reversed or the case is dismissed, the sample may be removed via request.

See this Sept. 18, 2012 National Institute of Justice report - some quotes from the introduction:
Twenty-eight states and the federal government have enacted laws that authorize such collection. Yet despite their widespread adoption, little is known about the investigative utility of collecting DNA from arrestees or how expanded DNA collection laws affect the collecting agencies and state crime laboratories responsible for their implementation.

This article explores the latter issue — how key provisions in arrestee DNA legislation influence the activities associated with DNA collection and analysis. Information in this article was derived from a review of state and federal laws and from interviews with state crime laboratory representatives in 26 of the 28 states that passed legislation authorizing collection of DNA from some subset of arrestees.[4] This data collection is part of an NIJ-funded Urban Institute project examining the collection of DNA from arrestees.

See also the Jan. 6, 2013 ILB entry headed " Laws are needed to remove the [Codis] databases from the exclusive grip of prosecutors and law enforcement to make them available to defense lawyers."

See also this AP story from Sept. 17, 2012 about an ACLU 9th Circuit challenge to a California requirement - a quote:

The ACLU is asking the 9th U.S. Circuit Court of Appeals to strike down California's Proposition 69, which authorized police to obtain a genetic sample from every person arrested on felony charges, not just those convicted. Some 25 other states have enacted similar laws since 62 percent of the California electorate passed the measure in 2004.

The issue of the warrantless swabbing of the cheek with a Q-tip of everyone arrested for a felony has sparked one of the hottest "search and seizure" debates in state and federal courts in decades.

Posted by Marcia Oddi on January 10, 2013 12:12 PM
Posted to Indiana Law