Friday, February 15, 2013

Kentucky DNA Collections on Felony Arrests

Kentucky.comreported this morning that its House approved a measure Wednesday, Feb. 13th., that would allow police to collect DNA swabs from people arrested on felony crimes without having to first get a court's permission.

If its General Assembly approves House Bill 89, Kentucky would become the 26th state in the U.S. to allow the automatic collection of DNA evidence at the time of arrest, before a suspect's trial and/or conviction. Rep. Mary Lou Marzian, D-Louisville, did note that her bill allows those who were charged but not convicted of a crime to have their DNA removed from the database.

Ohio's parallel rendition, Ohio Senate Bill 77,  became law on July 6, 2010.

The article also referenced the U.S. Supreme Court's being scheduled to hear a case at the end of this month that is expected to decide whether state laws that allow collection of DNA before a conviction are legal under the U.S. Constitution. That case, Maryland v. King, 12-207, was the topic of a four-page ruling last July in which Chief Justice John G. Roberts referenced conflict with decisions of other appeals & state supreme courts.

The Congressional Research Service published a report entitled “Compulsory DNA Collection:A Fourth Amendment Analysis “ in February 2010. (Here)

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