House sends DNA samples bill to Brownback

TOPEKA A bill requiring DNA swab samples of people who are arrested for felony crimes and expanding the states existing DNA collections was sent by the House to Gov. Sam Brownback on Thursday.

The move, which essentially clarifies existing state law that allows law enforcement to collect DNA samples from people who are jailed before they are released, comes as the U.S. Supreme Court considers whether such collections violate peoples privacy.

On one side are proponents, such as Wichita Democratic Rep. Jim Ward and Shawnee Republican Rep. John Rubin, who say such cheek swab collections are simply modern-day finger printing that can help police catch criminals who have left behind DNA evidence.

On the other are those, such as Grandview Plaza Republican Rep. Allan Rothlisberg, who say the state has already gone too far by collecting DNA samples for government databases before someone is convicted.

DNA should not be taken unless its either a conviction or by a court order, he said. The mere fact of being booked? The answer is no. Youre not convicted of anything. Its an invasion of privacy thats not necessary.

Rothlisberg said he understands the law can help catch people who have left evidence at past crimes, but he said that doesnt outweigh privacy issues.

But when the government has databases on people, I get very uncomfortable about that, he said.

Currently, the state can collect blood samples for DNA testing. The new bill, if approved by Brownback, would allow cheek swabs when people are booked and fingerprinted after arrest. It also would require samples from people incarcerated on May 2, 1991, for a crime committed before that date, before they are released.

The House voted 74-49 to approve the bill. The Senate approved the bill in a 40-0 vote in April.

Lawmakers considered extending the DNA swabs for people arrested for almost any crime, including misdemeanors. But that was stripped from the bill during negotiations between the House and Senate, Rubin said.

Original post:
House sends DNA samples bill to Brownback