Feds to Pay States to Expand Forensic DNA Databases?

Posted by Pete Shanks January 26, 2011
Biopolitical Times

Senator Charles Schumer (D-NY) announced on January 20 that he is introducing a bill to "provide financial incentives" for states to expand their forensic DNA databases.

This is a federal version of "Katie's Law," named after a victim of rape and murder whose assailant would have been caught three years earlier had his DNA been taken when he was picked up for another offense. It was first passed in her home state of New Mexico in 2006, and subsequently in other states.

Similar legislation passed the House last year 357–32, under a controversial suspension of the rules. However, the version introduced in the Senate in September (a little late in the session) stalled in committee.

The exact text of the current bill is not available, but according to Schumer's website:

The bill would incentivize states to meet minimum standards for arrestee DNA collection. The minimum standard asks states to collect DNA samples from those arrested for, indicted for, or charged with certain violent felonies and compare these samples with pre-existing records in the national DNA database. States that comply with this minimum standard or implement a stricter enhanced standard will be eligible for additional federal assistance equivalent to the first year costs associated with the improved collection process.

The "enhanced" standard in last year's bill included collecting and adding to the national database (CODIS) the DNA of anyone over 18 arrested or charged with "crimes involving murder, manslaughter, sexual assault, certain sexual offenses involving a minor, burglary, and aggravated assault." The inducement was a 5–10% increase in Edward Byrne Memorial Justice Assistance Grant program payments (which in FY2009 totaled $318 million to states [pdf], not counting grants to local authorities or $1.9 billion in stimulus funds).

A key issue here is the collection of DNA from those arrested for, as opposed to convicted of, serious crimes. Given the Democratic Party's history of presenting themselves as defenders of civil liberties and human rights, it might seem surprising that a Democrat introduced it, but regrettably this fits a recent trend. (In the UK, similarly, it was the Labour Party that massively expanded their databases.) The latest Democrat to push for collecting samples from everyone arrested is North Carolina's "most popular Democrat," Attorney General Roy Cooper, whose claim that the new law would "solve 100 new crimes" seems to be completely unsubstantiated.

At present, 23 states (not including Schumer's own) take DNA from arrestees. However, the constitutionality of this is under serious question. The ACLU is suing to overturn a California law, and that or perhaps a similar case is widely believed to be on the way to the U.S. Supreme Court. So this Federal Bill does seem at best premature.

There are also well-documented concerns about discrimination and the possibility of human error. And, responding to Shumer's announcement, Barrie Gewanter of the NYCLU, noted acutely:

"When the haystack becomes larger, that doesn't necessarily mean the needle is easier to find."

Previously on Biopolitical Times: