U.S. Senator Chuck Schumer (D-NY) recently announced that he intends to introduce federal legislation that would allow law enforcement agencies to collect DNA samples from individuals arrested for certain crimes.
While law enforcement generally supports expanded DNA collection, privacy rights advocates are concerned about encroachments upon the rights of people arrested for, but not convicted of, crimes.
Current New York DNA Collection Practices
Under current New York law, individuals convicted of felonies and certain misdemeanors must provide a DNA sample. The DNA sample is then stored in the New York State DNA Databank where it can be compared to other DNA found at crimes scenes. If a match occurs, this evidence could be used against a defendant in relation to an unsolved crime.
Instances have arisen in which very old cases have been reopened because of DNA database matches.
Proposed DNA Collection Law
New York's Senator Schumer plans to introduce federal legislation that will make it easier for law enforcement across the U.S. to collect DNA samples.
Specifically, Schumer's plan will allow law enforcement the authority to take DNA samples from violent crime suspects not yet convicted of any crimes.
Currently, 23 states (not including New York) have passed laws making it legal to engage in this practice.
Critics' Reaction to Schumer's Proposal
Civil liberties groups say that requiring DNA collection prior to any conviction violates a person's constitutional rights, including the right to due process and the right to privacy. The law could potentially mean allowing officers to take and store DNA from innocent people, they say.
Other activists argue that the presumption of innocence ("innocent until proven guilty") is ignored by this proposed method of DNA collection.
Whether or not Senator Schumer's legislation passes, it is expected to stir more controversy in the coming weeks and months.
