Gov. Martin O?Malley urged lawmakers to expand the state?s DNA database collection to include samples from those arrested for violent crimes instead of waiting for conviction.
O?Malley appeared before committees in both chambers Wednesday to testify in favor of a proposal to collect DNA from anyone arrested for about 15 crimes such as arson, manslaughter, burglary, breaking and entering or stealing a car. The state currently only collects samples from those convicted of felonies or child sex abuse.
“By adding one, simple, noninvasive step to the booking process of an individual arrested for rape, robbery, shooting, murder, we can save lives,” O?Malley said.
Attorney General Doug Gansler testified the proposal, already in place in 11 other states including Virginia, passes constitutional muster.
However, the proposal met resistance from public defenders who said the expansion ? previously limited to violent crimes alone ? is too broad. Several opponents told members of the House of Delegates the proposal encourages racial profiling and the stockpiling of black DNA.
Partial matches to samples in the database could lead police to family members who have never been arrested, they said.
“By enacting this legislation, the majority of African Americans will either be directly or indirectly in the database,” said Stephen Mercer, a Rockville lawyer.
Under the proposal, suspects who are not charged or convicted can have their DNA removed from the database using the same expungement process in place for fingerprints, officials said. Some lawmakers suggested automatic expungement and questioned if the proposal?s $1.7 million price tag is accurate.
Civil rights activists argued the legislation infringes on protections against improper searches and self-incrimination. Cynthia Boersma, legislative director for the American Civil Liberties Union, said police can already collect DNA with a warrant signed by a judge.
“There is no one checking to make sure there is a legitimate basis for the collection of DNA,” Boersma said.
