AZ takes steps for wider DNA database
Almost everyone arrested would have to give sample
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX — State lawmakers took the first steps Monday toward building a database of the DNA of anyone arrested for anything at all.
On a 5-1 vote, the Senate Judiciary Committee agreed to require anyone taken to a police station or jail to submit to DNA testing. The idea, according to Sen. Chuck Gray, R-Mesa, is to provide the largest number of samples possible for police to review when trying to solve crimes.
The proposal is a broad expansion of current law, which requires DNA samples only from people convicted of certain serious felonies, sex crimes and offenses involving deadly weapons or dangerous instruments.
Information prepared for lawmakers by Senate staff members says SB 1267 would result in testing an additional 75,000 people each year.
Gray said if such a database were already operating, it would not have taken police so long to arrest a suspect in the case of the Baseline Rapist, who is charged with nine deaths and multiple assaults.
"You can go out and find that person and stake him out, rather than stake out all the possible hotels or motels where this guy might attack again," he said. "It's a great crime tool when used properly."
Gray, a former police officer, said DNA samples are little different than fingerprints. But several people expressed concern about such broad testing of people who ultimately may never be convicted of anything.
"There are issues of privacy," said John Wertling, a lobbyist for the Arizona Citizens Defense League. He fears someone charged with something as simple as a health code violation could end up in the state database forever.
Gray said only those charged with criminal offenses would have to offer samples, and even then, only those who actually were taken into custody. He said those cited for minor crimes and given citations to appear at a future date would be unaffected.
Sen. Karen Johnson, R-Mesa, said that still leaves the question of the DNA profiles that are collected from people who are not convicted.
There is a provision in current law that allows someone whose DNA was taken but ultimately is acquitted to petition a court to have the information thrown out. But there is nothing automatic about that.
That bothered Sen. Ron Gould, R-Lake Havasu City. "I don't really want them building a nationwide database of DNA samples," he said.
Gray said such fears are overblown. "We have government databases now."
Gray noted that people who are arrested already are fingerprinted — information that remains with police agencies.
"We've taken fingerprints and we compare them to find the criminals," Gray said.
"I haven't ever seen the police misuse the fingerprint process," he said. Gray called DNA "just the logical next step of technology advances."
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