O'Malley's DNA Collection Bill Advances In House
By KELLY WILSON
Capital News Service
ANNAPOLIS - A bill pushed by Gov. Martin
O'Malley to require DNA collection from people
arrested for certain violent crimes in Maryland
is expected to advance to a final vote no later
than Saturday thanks to amendments alleviating
civil liberties concerns from the Legislative
Black Caucus and others.
But the legislation is now facing some
opposition from early supporters who feel the
amendments adopted by the House Friday are
contrary to the bill's intent because they allow
for testing current prisoners and expunging some
samples.
Originally, the bill would have allowed
officers to collect DNA from individuals at the
time of arrest, and have that information added
to state and federal databases.
But the black caucus, the American Civil
Liberties Union and the National Association for
the Advancement of Colored People opposed the
proposal because they said it conflicted with
the presumption of innocence spelled out in the
U.S. Constitution.
The groups also said racial minorities are
arrested in connection with violent crimes three
times more often than are whites and that would
add up to a heavier representation of those
groups in the state's DNA database.
The amendments do a good job of addressing
the caucus' concerns and those of the civil
rights community, said Delegate Herman Taylor,
D-Montgomery, at a committee hearing Thursday.
The changes to the bill allow DNA to be taken
only when a person is charged with a crime. The
samples can be entered into the central DNA
database only if the person is indicted.
Other amendments require that sample analysis
be done in a timely fashion and provide for the
automatic expungement of samples if an
individual is found not guilty.
The governor's office worked with both the
committee and caucus on their amendments to
address their concerns, said Christine Hansen, a
spokeswoman for O'Malley.
Despite the attempts at compromise, the ACLU
continues to object to the bill.
"The amendments do not address the
fundamental Fourth Amendment violation that
occurs when you take DNA from someone who hasn't
been convicted for a crime and when that DNA is
unrelated to the crime for which they're
arrested," said Cindy Boersma, legislative
director for the ACLU of Maryland.
Some delegates said the new compromises go
too far. For example, one change would allow
prisoners to request DNA tests in order to prove
their innocence.
"This was bad practice in that it made a
drastic expansion of the scale of the
legislation," said Delegate Christopher Shank,
R-Washington, a co-sponsor of the original bill
who voted against the addition of the amendment
allowing for DNA analysis for individuals
already in prison.
The bill was meant only to address the
addition of samples to the system, he said, and
although he is not opposed to the idea there
should have been hearings on the issue.
"This is not the way we pass a substantial
piece of legislation," Shank said.
Other objectors included delegates Doyle
Niemann, D-Prince George's, and Anthony
O'Donnell, R-Calvert, who said the amendments
would increase the backlog of DNA evidence to be
tested.
O'Donnell was also a co-sponsor of the
original bill but said during Friday's debate
that the amendments may have changed his mind.
Another co-sponsor, Delegate Richard
Impallaria, R-Baltimore, also questioned the
expungement of samples when evidence like
fingerprints are never removed from police
records.
DNA is a much more reliable system of
identification than fingerprints are and genetic
information should be kept on record the same
way, Impallaria said. Proponents of collecting
DNA argue that a database could be used to solve
crimes as well as exonerate the innocent.
The governor has been concentrating on public
safety in his efforts to regain support. He
could benefit politically if legislators pass
the bill, which some have called unusually
conservative compared to other legislation he
has introduced.
O'Malley has been losing support among
Maryland voters since the tax hikes of the
November special legislative session when
lawmakers met to work on closing a $1.7 billion
gap in the state's budget.
The black caucus comprises about a quarter of
the state's lawmakers and represents support
O'Malley cannot afford to lose.
Beyond the State House, polls by Gonzales
Research & Marketing Strategies over the course
of O'Malley's tenure show that his strongest
support has come consistently from
African-American voters - an important
constituency for the governor and one that could
be alienated by lingering concerns over the
bill. |