Despite objections, DNA sampling expands

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When Democratic members of Maryland’s House of Delegates gathered last week to discuss legislative proposals, black lawmakers soon walked out of the meeting in frustration.

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The debate in Maryland, which this week ended in a compromise between O’Malley and black legislators, underscores the conflict between tough law enforcement and civil liberties, as states and the federal government greatly expand the pool of Americans from whom DNA samples can be taken.

Congress and 12 states have authorized police to take DNA samples from arrestees, not just convicted felons, while at least 22 states have considered similar plans in 2008 alone — including Maryland. O’Malley is expected to sign an amended bill that allows for the destruction of DNA samples if suspects are arrested but not convicted, among other concessions demanded by the Black Caucus.

In South Dakota, Gov. Mike Rounds (R) this month signed a bill making the state the 12th to require the collection of DNA samples from arrestees. The others are Alaska, Arizona, California, Kansas, Louisiana, Minnesota, New Mexico, North Dakota, Tennessee, Texas and Virginia. Similar legislation has passed one legislative chamber in Michigan and both in Georgia.

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At the federal level, the Department of Justice is finalizing rules, approved by Congress in 2005, that soon will require anyone arrested by federal authorities to provide a DNA sample, which will be converted into an electronic “profile” and stored in a vast computer database at the FBI crime laboratory in Quantico, Va.

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