MD. General Assembly Approves DNA Proposal - State can Collect DNA from Felons

AP The Maryland Senate voted on Tuesday to expand DNA sampling in the state's legal system, approving the collection of genetic material from people who have been charged with violent crimes and burglary.

The Senate voted 35-12 after accepting amendments similar to ones in a bill approved by the House of Delegates last week. The changes were made to reduce criticism that the initial legislation was too invasive people who are presumed innocent until proven guilty.

The Legislative Black Caucus said an earlier version of the bill went too far and would unfairly target minorities. Caucus members walked out of a meeting in protest earlier this month, and then worked for changes with Gov. Martin O'Malley's administration. O'Malley proposed the expansion to better fight crime.

Now, DNA samples, which are taken by a swab inside the mouth, are only collected from convicted felons.

A significant amendment creates a provision to destroy a DNA sample that is taken from someone who is not convicted. Critics of the initial bill complained that expungement was not automatic, if a case was dismissed or if someone was exonerated.

In another big change, a DNA sample won't be taken until a person is charged with a crime, instead of when someone is arrested.

Unlike the House bill, the Senate amended the measure so that it will sunset after five years. Differences will be worked out in a conference committee.

During debate, Sen. Nathaniel McFadden, D-Baltimore, said he regarded the initial bill with "trepidation," but he decided to support the measure because crime in Baltimore is too high, and he believes law enforcement needs more tools to fight it.

"My citizens are calling for a serious reduction of crime in the city of Baltimore, and anything that drives us towards that, I think, is important and we have to consider it," McFadden said.

Despite the amendments, the measure still has its critics; both Republicans and Democrats who say it just goes too far.

Sen. Alex Mooney, R-Frederick, said he had questions about how well DNA samples would be protected and how they would be used while in storage.

"We need to look at these things much more carefully," Mooney said.

Dolores Kelley, D-Baltimore County, said lawmakers should wait to expand DNA use, at least until the state follows through with a bill approved last year to create regulations and licensing rules for crime labs. The law was passed to address mistakes with DNA in legal cases before.

"So it is premature to collect a lot of DNA when you've been messing up with it, and people have been exonerated post-conviction," Kelley said.

Eleven states, including Virginia, currently allow the collection of genetic material from people before conviction, according to state analysts.