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H 17°, L 4°According to a bill set to be introduced this week, law enforcement agencies would be required to take a DNA sample at the time of arrest.
In a joint statement released in late September, Sen. Sheila Harsdorf, R-River Falls, and Rep. Ann Hraychuck, D-Balsam Lake, announced they were crafting a bill to aid law enforcement in solving cases, catching more criminals and simplifying the DNA collection process.
“DNA evidence not only saves costs for law enforcement agencies by expediting investigations, thereby preventing additional crimes, but it also exonerates those convicted of a crime they did not commit,” Hraychuck said in a statement.
The statement also said the recorded sample would remain in the databank if the arrested person is found guilty, but if a person is not convicted or the charges are dropped, he or she may request for the DNA sample to be removed.
The issues with the DNA databank arose from a case involving alleged Milwaukee serial killer Walter Ellis, whose DNA sample was not found in the DNA databank. According to the statement, as many as 12,000 DNA samples are estimated to be not properly entered into the DNA databank, and one possible solution is to take DNA samples at the time of a person’s arrest.
Kevin St. John, spokesperson for the Wisconsin Department of Justice, said Attorney General J.B. Van Hollen sees the potential of the bill but said Van Hollen is concerned about the cost and increased responsibilities on law enforcement agencies.
St. John added the new information coming into the databank always has a cost associated with it, including costs for sheriff’s offices and the DOJ, but he said there are other benefits.
“It’s important to understand those profiles operate like fingerprints,” St. John said. “For every addition of new information, we increase the chances of identifying suspects, and cost savings are attached to that as well.”
John Dipko, spokesperson for the Wisconsin Department of Correct-ions, said the agency does not have a position on the bill at this point, but added the DOC is continuing to work to pull together the DNA task force and to take samples from those the DOC supervises.
Chris Ahmuty, executive director for the Wisconsin branch of the American Civil Liberties Union, said the ACLU thinks the bill needs more work because, as it stands, it makes bad use of limited resources and can result in a lot of innocent people being added to the databank.
Ahmuty said the current system, where law enforcement officials only take DNA and process it on the databank after those who are arrested are convicted, is a better way.
“Expanding the number of people to give samples doesn’t make a lot of sense in good law enforcement practices and in terms of constitutional rights,” Ahmuty said. “It’s like a needle in haystack; you don’t add more hay to the stack.”
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In the olden days finding a needle in a haystack was very inefficient, however with the advent of computers, it is incredibly efficient. Computers can handle the information and save a lot of investigation time, prosecution time and court time. It will save a lot of lives and prevent a lot of crimes.
There is no constitutional issue. A DNA Profile is like a barcode on a product in the store. Which would you prefer shown on the internet and evening news if you were arrested for a felony? DNA or your mug shot? Which would you prefer being pulled into a line-up with other similar people or your DNA being taken? Only the guilty or uneducated would prefer to be subjected to a line-up. DNA doesn’t make mistakes or get confused. Ask any of the 242 people wrongly convicted and freed by DNA.
A jury will not consider a defendant any more guilty because the defendant’s DNA was checked than the fact that their finger prints and mug shot were taken. They will still be innocent until proven guilty.
The system has to be streamlined. DNA must be taken at the same time mug shots and finger prints are taken. Illinois disclosed that 50,000 felons “slipped through the cracks” and were released without their DNA being collected. Milwaukee had 12,000. Many other states are dealing with the same problem but haven’t yet disclosed it. It is the best time to collect DNA. It is efficient. It will save money and time. If we continue to wait for conviction, considering many courts take more than a year to get to conviction, crimes will go undetected for years that could have been discovered years earlier. That just doesn’t make sense.
Give law enforcement the tools they need to do their jobs. Protect the innocent and help balance the scales of justice. Collect DNA on all felony Arrests.