People charged with a long list of crimes of violence, including breaking and entering a car, will have their DNA samples taken by authorities under legislation finally enacted by the Maryland House of Delegates and Senate on Monday.
Gov. Martin O?Malley called the legislation “our top public safety priority,” but the bill was significantly changed to quell the objections of the Legislative Black Caucus.
The bill had been debated in committees and on the floor of both chambers as civil libertarians and black lawmakers tried to kill the bill or heavily amend it.
“The legislative process is a process of consensus,” O?Malley said.
The governor was directly involved in the negotiations with lawmakers.
Under the amended bill, the DNA evidence will be automatically removed from the database if those charged are not convicted of the crime, and the law will sunset in five years, a requirement insisted on by House negotiators.
The genetic profiles collected also may not be used to identify a relative of the person charged in connection with another crime.
As introduced by O?Malley, the DNA samples would have been taken from all those arrested of the crimes.
The final Senate vote was 33-10, and some of the same objections to the bill were raised in debate.
“We?re taking DNA from people who are innocent,” said Sen. Alex Mooney, R-Frederick, who had concerns about security and privacy issues for the evidence.
“We have not looked at the uses DNA might have.”
Sen. Delores Kelley, D-Baltimore County, again complained that O?Malley had not funded the accreditation commission for the state forensic labs.
“We know we?ve had problems in the past based on poor lab work,” she said.
Sen. Lisa Gladden, D-Baltimore City and Judicial Proceeding Committee vice chairwoman who served on the conference committee but still voted against the measure, said, “It made a bad bill better and a bit more palatable.”
