People charged with a violent crime or an attempt to commit one in Maryland must submit a DNA sample to a state database before conviction.
The change follows debate over whether the expansion risks violating civil rights by broadly requiring samples from people who are technically innocent, but supporters call it a milestone in tracking down violent criminals.
The law had required only convicted felons to submit samples; the new law took effect New Year’s Day.
“It’s the best thing we can do to fight crime,” said Kristen Mahoney, director of the Governor’s Office of Crime Control and Prevention.
More than 400 state and local law enforcement personnel have been trained to carry out the law. About 50,000 kits with swabs to collect samples were sent in December throughout the state, Mahoney said.
The state police crime lab has hired three scientists, and $400,000 in equipment has been purchased to handle thousands of additional samples.
An automated computer system will enable booking or charging officers to check whether a person who has been charged must submit a DNA sample. The state tested the system in December, and no problems were discovered, Mahoney said.
Along with violent crimes, the Maryland law will affect people charged with first-, second- or third-degree burglary.
Mahoney said monthly computer audits will be conducted so authorities can check that police are taking samples as required. The attorney general’s office, state police, the state’s courts and information technology personnel also have worked to ensure the law is implemented properly.
The American Civil Liberties Union opposed the expanded DNA collections from the start, arguing it’s unconstitutional to take a DNA sample from someone who is innocent until proven guilty. The group also cites complaints of tainted DNA evidence in crime labs, such as one recently raised in Baltimore, as a reason not to collect more samples.
“We haven’t yet implemented any crime lab oversight in Maryland,” said Cynthia Boersma, legislative director for the ACLU of Maryland.
Maryland has approved a plan for DNA lab oversight and licensing, but regulations are not due to be implemented until the end of 2010.
Maryland has 73,526 DNA samples from convicted offenders in a state police database.
