Expansion of criminal DNA collection proposed

MADISON Anyone arrested for a felony offense and all adults convicted of misdemeanor crimes would be required to provide a DNA sample to law enforcement under a proposal from the state Department of Justice.

Adults arrested for certain misdemeanor crimes such as fourth-degree sexual assault and prostitution also would have to provide DNA samples, which would be entered into a national database used to match DNA evidence collected at crime scenes to suspects.

Currently, state law allows DNA to be collected only from adults and juveniles convicted of felonies, with about 12,000 samples obtained each year.

Brian OKeefe, administrator for the DOJs Division of Law Enforcement Services, said the expected addition of about 68,000 DNA samples a year at least initially under the proposed expansion would help law enforcement solve more cases more quickly and get criminals off the street.

The number of new samples would eventually drop, he said, because DNA profiles of those reoffending would not have to be added to the system.

But Chris Ahmuty of the ACLU of Wisconsin, said, It seems like theyve gone for the nuclear option when it comes to DNA on arrest.

Casting such a wide net raises concerns about cost, management and privacy and turns the presumption of innocence on its head, Ahmuty said. He added that the DOJ proposal is more encompassing and costly than previous legislative proposals.

OKeefe said the proposed expansion of DNA collection would begin in October 2014 and cost about $7 million in its first two years.

To cover those costs including the addition of 26 full-time positions DOJ is asking that everyone convicted of a felony be required to pay a $250 surcharge, and that everyone convicted of a misdemeanor pay a $150 surcharge.

Currently, a DNA surcharge for people convicted of felonies is often waived by a judge.

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Expansion of criminal DNA collection proposed