State representative Ron Gray argues in the latest GOP message that Delaware’s DNA sampling requirement should be expanded to include those who’ve been arrested and charged with violent felonies.
State law right now only requires DNA samples from those who have been convicted of certain sexual offenses and crimes against children and vulnerable adults.
Gray referred to the incident that led up to Supreme Court decision Maryland v. King. A DNA cheek swab was taken from a man in Wicomico County who was menacing civilians with a shotgun. Later, the sample was matched to an unsolved sexual assault that happened years earlier. The high court ruled that the swab was reasonable under the Fourth Amendment.
Gray mentioned the bill that he and other Republican legislators introduced last May to amend the existing state law on DNA sampling for violent crimes.
“Working within the established legal framework, our measure will improve the application of criminal justice by giving authorities reasonable access to information that will identify and convict lawbreakers," said Gray.
That bill also requires the destruction of genetic materials from the state database if the arrestee is not convicted. It’s currently tabled in committee. You can read and watch the full GOP message online at delaware public dot org.
Full text of GOP weekly message:
Hi, I’m State Representative Ron Gray.
Thanks to TV crime dramas, everyone is familiar with how DNA evidence can play a critical role in convicting those responsible for the most serious offenses.
Current state law only requires DNA samples to be taken from those convicted of certain sexual offenses, or crimes against children and vulnerable adults.
Sponsored by State Representatives Joe Miro & Tim Dukes – and co-sponsored by myself and eight other Republican legislators – House Bill 141 seeks to change this.
The bill would amend existing law to require DNA sampling of those arrested and arraigned for these crimes. It would further expand DNA sampling to include those charged, or already convicted, of violent felonies.
Our bill recognizes and protects the privacy of our citizens by requiring the destruction of samples and DNA records from the state database if an arrestee is not convicted of a qualifying offense.
The constitutionality of this proposal has already been tested in a landmark U.S. Supreme Court case involving an incident in nearby Maryland.
In 2009, Alonzo King was arrested in Wicomico County for menacing a group of people with a shotgun. As part of the booking procedure for serious offenders, a sample of Mr. King’s DNA was collected with a cheek swab. The DNA was matched to an unsolved sexual assault in Salisbury six years earlier and later led to a conviction.
Ruling on the appeal, the High Court found that taking and analyzing an arrestee’s DNA was reasonable under the Fourth Amendment. The majority concluded that – like fingerprinting and photographing – DNA cheek swabs were a legitimate police booking procedure.
Working within the established legal framework, our measure will improve the application of criminal justice by giving authorities reasonable access to information that will identify and convict lawbreakers.
