Jun 30 2008
Sanford Should Veto DNA Bill
Last year, Sanford vetoed a bill that would have allowed law enforcement to collect DNA samples at the time of arrest, and the House decided to uphold the veto. Sanford outlined a number of privacy concerns with the bill. If he vetoes the bill this year it will remain in limbo until January, when the Legislature reconvenes.
All states require DNA samples from convicted sex offenders and upon conviction for certain other crimes. Some states allow samples to be taken at the time of arrest, primarily for felony charges.
The bill Sanford is reviewing contains a number of provisions in addition to collecting pre-conviction samples. It also allows prisoners to request their DNA be tested to prove their innocence and a provision that would allow the family of missing persons to have their loved ones’ DNA tested against a database of unidentified human remains.
This same provision is up again in a similar DNA bill that has passed both chambers of the legislature. I think, as before, Sanford should veto this bill. I don’t like this idea of collecting a person’s DNA based upon an arrest. Being arrested is not an indication of guilt. So what happens to your DNA sample if you are found not guilty?
I agree with the provisions allowing prisoners to demand a DNA test to prove their innocence as well as that which allows family members of missing persons to have their DNA tested against human remains for identification. Those are good ideas and they should have been put up as their own bills instead of being combined with the forced surrendering upon arrest.
All good points. I’d assume that they’d keep them on file regardless of the outcome. They do the same thing with fingerprints today.
Id say that if this were enacted it would only apply to felony charges though. I’d be demanding my samples be returned and proof of destruction of my sample results upon my aquittal…