Legislature(2003 - 2004)
05/08/2003 08:05 AM Senate JUD
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* first hearing in first committee of referral
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HB 49-EXPAND DNA DATABASE
CHAIR SEEKINS announced SCS CSHB 49(JUD), version \S, to be up
for consideration.
REPRESENTATIVE ANDERSON, sponsor of HB 49, said there were some
concerns about what law enforcement can use DNA for in
investigations and about destruction of the samples after
exoneration or once someone has been convicted and how those are
retained. He heard discussions about the latitude of inclusions
of all felonies and misdemeanors.
SENATOR OGAN said several years ago, burglary was added to the
list of offenses for which DNA could be collected. This bill
would require DNA samples from a couple of high school kids and
lots of new offenses. DNA is not like fingerprints; it
identifies your genetic makeup and propensity for you and
members of your family for having certain diseases. He wanted to
know why it was important to expand this capability to so many
other crimes including some misdemeanors.
MS. ANNIE CARPENETI, Department of Law, supported HB 49 and said
they dealt with some of the privacy issues Senator Ellis raised
yesterday. Mr. Chris Beheim, Director, Scientific Crime
Detection Laboratory, Department of Public Safety, testified
that he has data that shows how having the information in the
bank from crimes you would not expect are necessarily related to
one another really helps solve serious crimes that are committed
after the initial one.
MS. CARPENETI said the privacy concerns were good ones, but this
bill answers those concerns. It's a limited purpose DNA bank -
only for criminal investigation and identification. It's also
limited to convicted offenders and volunteers. The information
in the data bank and the samples are confidential and it is a
Class C felony to misuse the samples or the data resulting from
them.
She recapped that the crime lab tests 13 sites on a DNA
molecule. It's identification information that doesn't provide
information about propensity for disease or family
characteristics. It's true that the samples are saved, but
that's to be able to double-check if a match is made. The only
other time they would be used would be if another serious crime
were committed where blood or semen is left.
SENATOR OGAN said DNA is collected from many different things -
urine, saliva and hair to mention a few. His concern is that
this is good as long as the government is good and doesn't
violate the Bill of Rights. But, there are people in jail now
who have not had due process and no one has access to who they
are; it's not public record and the trials are in secret. He
carried his concern further saying DNA information could be very
dangerous to a person like Saddam Hussein who might track down
families of people he didn't like.
SENATOR FRENCH said that no one would have their DNA taken until
a jury has said they are guilty of a felony or they plead to it.
So, he felt there was fairly significant protection in the bill
for collection of DNA. Statistics from Mr. Beheim indicate that
if you take DNA from people convicted of just drug crimes, of
the next crimes solved, 18 percent are sex offenses and 23
percent are homicides. So, people who have a drug conviction
frequently do a different and more serious type of crime and the
same for forgery. He felt that just taking samples from felony
criminals is a good balance.
On page 3, line 27, the bill allows DNA analysis to be used for
law enforcement purposes including criminal investigations and
prosecutions and he thought deleting "law enforcement purposes
including" would give some people comfort that you wouldn't have
renegade usage of the DNA.
He added that this bill allows DNA to be taken from a body part
at a crime scene or something like that.
CHAIR SEEKINS said they were thinking about inserting "deceased"
in front of "unidentified person".
SENATOR FRENCH approved of that.
SENATOR OGAN supported deleting "law enforcement purposes
including" and was concerned also with language on page 3, line
7, that said "or tissue sample from a crime scene as evidence or
from an unidentified person or body part". The "or" creates a
separate category.
MS. CARPENETI suggested saying either "law enforcement
identification purposes for identifying people and body parts",
because that's not necessarily included in a crime scene
investigation.
SENATOR FRENCH felt that identifying a lost person was a
separate issue from this bill.
MS. CARPENETI said on page 3, line 7 they could delete "and" and
on line 8, delete "person or body part" and insert "human
remains".
SENATOR THERRIAULT moved to adopt that as amendment 1. There was
no objection and it was so ordered.
SENATOR OGAN motioned to delete from page 3, line 27...
TAPE 03-42, SIDE A
"law enforcement purposes including".
MS. CARPENETI said she was concerned about identification
purposes. There was general discussion of wording.
CHAIR SEEKINS asked if there was an objection to doing a
conceptual amendment to use DNA for identifying unidentified
human remains. There was no objection and amendment 2 was
adopted.
MS. CARPENETI suggested adding "or child kidnapper" - after "sex
offender" on page 2, line 14 because that is a term the federal
government uses.
SENATOR THERRIAULT motioned adopting that as amendment 3. There
was no objection and it was so ordered.
SENATOR OGAN said he understood the connection, but he thought
it would be a better bill if DNA were collected for felonies
only. He said he was willing to make some sacrifices to live in
a free society where he could keep and bear arms and he was
willing to take the risk and delete DNA collection for
misdemeanors. He announced his support for the bill would be
contingent on that issue.
SENATOR THERRIAULT moved to pass SCS CSHB 49(JUD) from committee
with individual recommendations and the attached fiscal notes.
SENATOR OGAN objected. Chair Seekins called for a roll call vote
and the motion passed with Senators French, Therriault and
Seekins voting yeah and Senator Ogan voting nay.
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