DNA Testing of Arrestees (H 7056, S 2061)

The legislative session brought a familiar bill allowing for the collection of DNA from any person arrested for a crime of violence, which included larceny offenses such as pickpocketing.

The legislative session brought a familiar bill allowing for the collection of DNA from any person arrested for a crime of violence, which included larceny offenses such as pickpocketing. Under current law, DNA can only be collected from individuals convicted of certain felonies; to collect from individuals who have merely been arrested for a crime is a contradiction of the presumption of innocence, and a dangerous step towards creating a comprehensive DNA database. Additionally, collecting DNA from every individual arrested for a crime of violence would more than double the number of DNA samples the Department of Health must analyze, increasing the testing backlog from 3-6 months to approximately one year, potentially delaying justice in all those cases where DNA is a critical investigatory element. The Senate passed this legislation for the second year in a row, but it was sent back to committee before reaching the House floor. Read our written testimony.