Gov. Martin O?Malley?s proposal to collect DNA samples from suspects of violent crimes would be weakened under compromises his administration is offering to soothe concerns of black lawmakers.
The House of Delegates? black caucus discussed Thursday potential changes to O?Malley?s plan ? an important part of his legislative package this year. Changes include waiting until a suspect is formally indicted to process DNA samples and automatically destroying samples if a suspect is arrested but not indicted.
“We were not supporting any expansion,” Del. Aisha Braveboy, D-Prince George?s, told the caucus. “This is the consensus they are giving to address our concerns.”
The state currently collects samples from those convicted of felonies or child sex abuse. In addition to modifying the time of collection, the governor?s proposal adds about 15 crimes including arson, rape and manslaughter. Burglary could be removed from that list as part of the compromise, said Sean Malone, O?Malley?s deputy legislative officer.
The administration also has agreed to prohibit using the database to search for potential family members of suspects, Malone said. This is a response to the concerns of civil rights groups and the NAACP, whose members said the proposal encourages racial profiling and the stockpiling of black DNA.
Those concerns were “legitimate,” Malone said, and the changes still allow police to search for DNA hits on prior crimes while a suspect is awaiting trial on current charges. The state will also maintain samples of suspects who are indicted but found not guilty, unless they seek expungement.
“The changes being recommended have strengthened this bill and address the concerns of the black caucus,” Malone said. “The changes made sense.”
Support for the proposal within the black caucus appears divided, despite the changes. The legislation remains in the House Judiciary Committee, which would have approved it as proposed by the governor, said committee member Del. Gerron Levi, a Prince George?s Democrat.
But others remain hesitant.
“If you believe in the presumption of innocence, then this bill completely conflicts with that and reverses it,” said Del. Jill Carter, a black Baltimore City Democrat.
