Bill that allows police to take DNA upon arrest advances – Indianapolis Star

Damoine A. Wilcoxson, 21(Photo: Provided by Boone County Sheriff's Office)

Two bills that would allow police to takeDNA samples from people who are arrested, but not yet convicted, are steadily advancing but lawmakers have added safeguards for people who may have been falsely accused.

In Indiana, law enforcement officials can only enter DNA samples into a national database upon a felony conviction. But some lawmakers are pushing for a lower threshold, allowing police to takea DNA samplewhen they make a felony arrest.

Bills similar to those proposed this session House Bill 1577 and Senate Bill 322 have failed to generate support in the past, but the issue gained traction last year when DNA from an Ohiodatabase that includes arrestees helped solve boththe slaying of an elderly Zionsville man in November and attacks on two Indianapolis police stations.

The Indiana House of Representativeson Monday opted to send House Bill 1577 to a third reading. The House will likely vote on the bill Tuesday after its final reading.

Rep. Greg Steurerwald, one of the bill's authors, says he "totally expects" the bill will pass the House.

Supporters say taking a DNA sampleupon arrest will expand the database and make it easier for police to solve crimes, as well as clear the name of innocent people. Despite some early concern from some legislatorsabout privacy, the bills have generated bipartisan support, and faced few obstacles thus far.

"It will not only help solve crimes, it will help prevent crimes," Steurerwald told IndyStar.

However, oin Monday, the House approved an amendment that prohibits police from taking a DNA sample during a warrantlessarrest. Rather, police must wait until a judge finds probable cause for the arrest. Lawmakers amended the bill after the issue was raised during a February committee hearing.

"The court must be involved in each of these circumstances," Steurerwald said during the bill's second reading.

A similar bill, authored by Sen. Erin Houchin, is also weaving its way through the Indiana Senate.

In the original Senate bill, a DNA sample could only be expunged from the database if the individual was acquitted of felony charges in a trial. That meant that the DNA sample would remain in the database even if prosecutorsnever filed criminal charges after an arrest, or if charges were dismissed.

But lawmakers have dialed back that measure considerably. Now, an individual can expunge the DNA sample if the case is dismissed, if the felony is reduced to a misdemeanor or if prosecutors do not file charges within a year of the arrest. The House bill includes similar criteria.

Houchin said those changes implemented upon a recommendation from the Indiana State Police lab put the bill in line with similar legislation in other states.

The bill heads to the Senate Appropriations Committee on Thursday where lawmakers will evaluate its cost. Houchin said a study conducted by Indiana University Purdue University-Indianapolis estimated the measure's crime prevention capabilitiescould save taxpayers $60 million a year.

"The savings will help the bill pay for itself,"' Houchin said.

Call Star reporter Madeline Buckley at (317) 444-6083. Follow her on Twitter:@Mabuckley88.

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Bill that allows police to take DNA upon arrest advances - Indianapolis Star