NC AG to take your DNA ASAP?
Here at NCSJP, we like to find the issues that slip through the cracks and may not make it to the top of your radar. One of those items should be the new bill, currently sitting in committee at the General Assembly, that Attorney General Roy Cooper has been promoting regarding collection of DNA for criminal suspects. House Bill 1403 would expand the State’s right to collect DNA evidence from those convicted of crimes, to those merely suspected of crimes. We know that does not seem to be that big of a difference to most people, because, let’s face it, how many of us have really been arrested, right? Well, turns out more than twice the number of people convicted of crimes are arrested on suspicion and then eventually released, which put the number of those arrested for felonies in NC at more than 60,000 people a year.
Under the new bill, those who were eventually released w/o conviction would have their DNA purged from the system. However, there is no mechanism to guarantee that the purge in fact occurs, and nothing keeps the State from processing the DNA while the individual is in custody. What’s the problem? The 4th Amendment to the U.S. Constitution, which prohibits search and seizure without a warrant. (Anyone see a warrant here?) The other obvious problem is that minorities are always disproportionally arrested compared to the general population, making those who are least able to fight it the most likely to be victimized.
AG Cooper, who did, in fact, graduate law school, seems unconcerned with this tiny detail, and is in full support of the new law, as is Govenor Bev Perdue. They both seem to see the upsides, but ignore the potential discriminatory (not to mention unconstitutional) problems it could create. And did we mention it may cost the State an additional $1m a year – in a year when we are firing teachers, cutting health care to children, and barely paying our bills to begin with.
We were not too concerned with the bill when we first got wind of it about a month ago, but support seems to be gaining, and it’s time we do something about it. NCSJP will be making the rounds at the General Assembly in the coming weeks to try to make our voice heard – and we encourage you to do the same.
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