States push through DNA legislation

New Mexico and Connecticut aren’t known for having much in common.  But last week, legislators in both states took steps towards expanding statewide DNA testing regimes to arrested individuals.

On April 6, Governor Susana Martinez of New Mexico approved Katie’s Law, which would allow the state’s government to collect DNA samples from individuals upon arrest.  The law authorizes criminal justice authorities to take a DNA sample when a suspect is booked into jail, but they may only analyze the sample if and when a judge determines that there is probable cause for the arrest, or if the defendant fails to appear in court. 

Connecticut’s Judiciary Committee overwhelmingly approved similar legislation last week, citing an interest in resolving cold cases as well as improving the accuracy of pending investigations.  Twenty-four states have similar measures on the books, and legislators in Nevada and Pennsylvania have introduced this type of legislation as well.

Federal legislation has, for over a decade, endorsed the collection of DNA from convicted felons, and in 2006 the legislature extended this regime to include arrested individuals.  More here.  A panel of the Ninth Circuit approved of DNA collection from arrestees in 2010. A Pennsylvania district court disagreed; that decision was appealed to the Third Circuit, from which a decision is pending.  While President Obama has approved of DNA collection from arrested individuals, the concept has drawn criticism from civil libertarians—including the ACLU, which participated in the Ninth Circuit case.  One wonders whether a Circuit split would change state level developments in places like Connecticut and New Mexico.