Washington State May Collect DNA from Arrestees

OLYMPIA —The American Civil Liberties Union has called recently proposed legislation unconstitutional if enacted. Sponsored by Rep. Mark Miloscia, Democrat- Federal Way, House bill  HB-1382, allows police to collect DNA samples from those arrested for felonies and gross misdemeanors, even before they are charged with a crime.

Crimes that fall under the category of gross misdemeanor include shoplifting. While civil liberties groups find the proposed legislation unconstitutional, others praise it for helping to prevent crime, saying that it is no different than collecting fingerprints, which can currently be done before a person is charged with or convicted of a crime. Currently, a person can only have DNA collected from them if there is a search warrant, or if they give their consent.

HB-1382 is not the only bill before the state that concerns DNA collection. Another bill before the Senate, SB-5026 also seeks to collect DNA from those arrested, but only after the filing of formal charges. It differs from HB-1382 in that it follows the current state statutes in regards to when DNA can be collected.

HB-1382 stipulates that the DNA collected from those arrested would be destroyed if the person was not charged, or if they were found not guilty of the charges. However some groups have questioned how oversight of this process would be handled, and suggested that without proper oversight, samples could be kept secretly, adding that the cost of collecting samples on every arrestee, only to throw thousands away, would be wasteful of taxpayer funds in the current economic climate.

The Senate bill is expected to pass through committee within a week. Unsurprisingly, the Washington Association of Prosecuting Attorneys is in support of the Senate measure while the ACLU is opposed to both bills.